Unlawful detainer applies to a tenant who holds over against a landlord after there has been a termination of the tenancy and an unsuccessful demand for possession. The action may relate to either residential or commercial property.
An unlawful detainer action may only be used when the tenant is unlawfully holding over. Since an action in an unlawful detainer involves a forfeiture of the tenant's right to possession, the landlord must plead and prove that the tenant remains in unlawful possession of the premises. If the tenant surrenders the premises to the landlord before the filing of the complaint, the landlord's remedy is an action for damages and rent.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
The South Dakota Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term is a legal document filed by a landlord against a residential tenant who refuses to vacate the property after the lease or rental agreement has expired. This complaint seeks to regain possession of the premises and potentially recover any damages caused by the tenant's continuation of occupancy. Keywords: South Dakota, complaint, unlawful detained, residential tenant, holding over, expiration of term, lease, rental agreement, possession, damages. This type of complaint may have different variations or subtypes based on specific circumstances or reasons for the tenant's refusal to vacate. Some possible variations include: 1. South Dakota Complaint for Unlawful Detained — Nonpayment of Rent after Expiration of Term: This complaint is appropriate when the tenant remains on the premises after the lease or rental agreement has expired, but the reason is their failure to pay rent rather than a simple refusal to vacate. 2. South Dakota Complaint for Unlawful Detained — Tenant Holding Over due to Breach of Lease: This variation applies when the tenant remains on the property after the lease or rental agreement has expired, but the reason is their breach of lease terms, such as causing significant damage to the property or engaging in illegal activities. 3. South Dakota Complaint for Unlawful Detained — Tenant Holding Over without Agreement Extension: This type of complaint is filed when the tenant remains on the premises after the expiration of the lease or rental agreement, but no extension or renewal agreement has been made between the tenant and landlord. 4. South Dakota Complaint for Unlawful Detained — Sublease Holding Over after Expiration of Term: This complaint is suitable when a subtenant continues to occupy the premises after the expiration of the sublease agreement without the consent or authorization of the landlord. These different variations of the South Dakota Complaint for Unlawful Detained reflect specific situations where a residential tenant holds over after the expiration of their lease or rental agreement, allowing landlords to seek legal recourse in order to regain possession of their property.The South Dakota Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term is a legal document filed by a landlord against a residential tenant who refuses to vacate the property after the lease or rental agreement has expired. This complaint seeks to regain possession of the premises and potentially recover any damages caused by the tenant's continuation of occupancy. Keywords: South Dakota, complaint, unlawful detained, residential tenant, holding over, expiration of term, lease, rental agreement, possession, damages. This type of complaint may have different variations or subtypes based on specific circumstances or reasons for the tenant's refusal to vacate. Some possible variations include: 1. South Dakota Complaint for Unlawful Detained — Nonpayment of Rent after Expiration of Term: This complaint is appropriate when the tenant remains on the premises after the lease or rental agreement has expired, but the reason is their failure to pay rent rather than a simple refusal to vacate. 2. South Dakota Complaint for Unlawful Detained — Tenant Holding Over due to Breach of Lease: This variation applies when the tenant remains on the property after the lease or rental agreement has expired, but the reason is their breach of lease terms, such as causing significant damage to the property or engaging in illegal activities. 3. South Dakota Complaint for Unlawful Detained — Tenant Holding Over without Agreement Extension: This type of complaint is filed when the tenant remains on the premises after the expiration of the lease or rental agreement, but no extension or renewal agreement has been made between the tenant and landlord. 4. South Dakota Complaint for Unlawful Detained — Sublease Holding Over after Expiration of Term: This complaint is suitable when a subtenant continues to occupy the premises after the expiration of the sublease agreement without the consent or authorization of the landlord. These different variations of the South Dakota Complaint for Unlawful Detained reflect specific situations where a residential tenant holds over after the expiration of their lease or rental agreement, allowing landlords to seek legal recourse in order to regain possession of their property.
