A forcible entry is an entry on real property in the peaceful possession of another, against the occupant's will, without legal authority, with actual or threatened force. Forcible detainer arises after entry, whether forcible or not, and usually consists of the unlawful holding of real property by force or by threats or menaces after a peaceable entry -- as in the case of a hold-over tenant.
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.
South Dakota Complaint for Unlawful Detained — Tenant Holding Over After Expiration of Term A South Dakota Complaint for Unlawful Detained — Tenant Holding Over After Expiration of Term is a legal document filed by a landlord against a tenant who refuses to vacate the rental property after their lease has expired. This type of complaint is used to initiate eviction proceedings in cases where the tenant continues to occupy the premises without the landlord's consent. Key Components of a South Dakota Complaint for Unlawful Detained — Tenant Holding Over After Expiration of Term: 1. Plaintiff Information: — Full legal name and contact information of the landlord or property owner initiating the complaint. 2. Defendant Information: — Full legal name and contact information of the tenant holding over after the expiration of their lease term. 3. Property Description: — Description of the rental property, including the address, unit number, and any relevant details that accurately identify the premises. 4. Lease Term Information: — Detailed explanation of the lease agreement, including its start and end dates, and any relevant provisions related to the tenant's obligation to vacate after the lease expiration. 5. Notice Sent to Tenant: — Documentation of the written notice sent to the tenant demanding their departure from the property within a specified timeframe (typically 30 days) before resorting to legal action. 6. Breach of Lease Expiration: — Clear declaration and evidence supporting the claim that the tenant is holding over without a legal right to possess the property after the lease's expiration. 7. Request for Possession: — A statement requesting the court's order for the tenant's eviction and possession of the property to be returned to the landlord or property owner. 8. Damages and Costs: — Itemization of any financial losses incurred by the landlord due to the tenant's refusal to vacate, such as unpaid rent, property damage, legal fees, and related expenses. Types of South Dakota Complaints for Unlawful Detained — Tenant Holding Over After Expiration of Term: 1. Residential Unlawful Detained Complaint: — Filed against tenants who fail to vacate residential properties after their lease term has ended. 2. Commercial Unlawful Detained Complaint: — Initiated when tenants refuse to vacate commercial properties after their lease has expired. 3. Agricultural Unlawful Detained Complaint: — Specifically for farming or agriculture-related leases, against tenants who hold over after the lease term has concluded. In conclusion, a South Dakota Complaint for Unlawful Detained — Tenant Holding Over After Expiration of Term is a legal document that provides a detailed account of a landlord's claim against a tenant who remains on the premises after their lease has expired. It outlines the necessary information, such as lease term details, notice given to the tenant, and requests the court's intervention to regain possession of the property. Different types of complaints may vary based on the nature of the leased property, such as residential, commercial, or agricultural.South Dakota Complaint for Unlawful Detained — Tenant Holding Over After Expiration of Term A South Dakota Complaint for Unlawful Detained — Tenant Holding Over After Expiration of Term is a legal document filed by a landlord against a tenant who refuses to vacate the rental property after their lease has expired. This type of complaint is used to initiate eviction proceedings in cases where the tenant continues to occupy the premises without the landlord's consent. Key Components of a South Dakota Complaint for Unlawful Detained — Tenant Holding Over After Expiration of Term: 1. Plaintiff Information: — Full legal name and contact information of the landlord or property owner initiating the complaint. 2. Defendant Information: — Full legal name and contact information of the tenant holding over after the expiration of their lease term. 3. Property Description: — Description of the rental property, including the address, unit number, and any relevant details that accurately identify the premises. 4. Lease Term Information: — Detailed explanation of the lease agreement, including its start and end dates, and any relevant provisions related to the tenant's obligation to vacate after the lease expiration. 5. Notice Sent to Tenant: — Documentation of the written notice sent to the tenant demanding their departure from the property within a specified timeframe (typically 30 days) before resorting to legal action. 6. Breach of Lease Expiration: — Clear declaration and evidence supporting the claim that the tenant is holding over without a legal right to possess the property after the lease's expiration. 7. Request for Possession: — A statement requesting the court's order for the tenant's eviction and possession of the property to be returned to the landlord or property owner. 8. Damages and Costs: — Itemization of any financial losses incurred by the landlord due to the tenant's refusal to vacate, such as unpaid rent, property damage, legal fees, and related expenses. Types of South Dakota Complaints for Unlawful Detained — Tenant Holding Over After Expiration of Term: 1. Residential Unlawful Detained Complaint: — Filed against tenants who fail to vacate residential properties after their lease term has ended. 2. Commercial Unlawful Detained Complaint: — Initiated when tenants refuse to vacate commercial properties after their lease has expired. 3. Agricultural Unlawful Detained Complaint: — Specifically for farming or agriculture-related leases, against tenants who hold over after the lease term has concluded. In conclusion, a South Dakota Complaint for Unlawful Detained — Tenant Holding Over After Expiration of Term is a legal document that provides a detailed account of a landlord's claim against a tenant who remains on the premises after their lease has expired. It outlines the necessary information, such as lease term details, notice given to the tenant, and requests the court's intervention to regain possession of the property. Different types of complaints may vary based on the nature of the leased property, such as residential, commercial, or agricultural.
