Unlawful entry is illegal entry upon lands or structures without force but by means of fraud or other willful wrong. It is closely related to housebreaking. But unlike housebreaking, the intent to commit an offense within the place entered is not needed for this offense. The basis of proof for this offense is that the entry was unlawful and that the conduct of the accused was contrary to good order and discipline.
Unlawful detention means keeping in custody unlawfully. Under criminal law it means keeping or confining a person in custody without any lawful reason. In civil law it is keeping in custody real property to which one is not entitled. A person is guilty of unlawful detention of real property when entry is made wrongfully without any right or title into any vacant or unoccupied lands tenements or other possessions.
A Virginia Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand is a legal document used in cases where a tenant or occupant of a property refuses to vacate the premises after receiving a demand to surrender. This complaint is filed by the landlord or property owner to initiate legal proceedings to regain possession of the property. In Virginia, there are two primary types of complaints for forcible entry and detained related to the defendant's refusal to surrender the premises on demand: 1. Residential Forcible Entry and Detained — This type of complaint is applicable when the disputed property is used as a residence, such as a house, apartment, or condominium. It may involve situations where a tenant refuses to leave at the end of the lease term, fails to pay rent, or violates other terms of the rental agreement. 2. Commercial Forcible Entry and Detained — This complaint is filed when the disputed property is used for commercial purposes, such as offices, retail stores, or industrial facilities. It arises when a commercial tenant fails to vacate the premises as demanded by the landlord, typically due to lease violations or non-payment of rent. In either case, the complaint must include specific details regarding the property, occupants, landlord-tenant relationship, and the events leading to the defendant's refusal to surrender the premises. The complaint should also outline the legal grounds under which the landlord seeks possession, such as expiration of the lease, breach of the rental agreement, or non-payment of rent. It is essential for the complaint to be thorough, accurate, and in compliance with Virginia state laws and regulations. Failing to include all necessary information may result in delays or dismissal of the case. Therefore, it is advisable to consult with an attorney or reference the relevant Virginia statutes to ensure the complaint is properly completed. In summary, a Virginia Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand is a legal document used by landlords or property owners to initiate legal proceedings against a tenant or occupant who refuses to vacate the property after receiving a demand.A Virginia Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand is a legal document used in cases where a tenant or occupant of a property refuses to vacate the premises after receiving a demand to surrender. This complaint is filed by the landlord or property owner to initiate legal proceedings to regain possession of the property. In Virginia, there are two primary types of complaints for forcible entry and detained related to the defendant's refusal to surrender the premises on demand: 1. Residential Forcible Entry and Detained — This type of complaint is applicable when the disputed property is used as a residence, such as a house, apartment, or condominium. It may involve situations where a tenant refuses to leave at the end of the lease term, fails to pay rent, or violates other terms of the rental agreement. 2. Commercial Forcible Entry and Detained — This complaint is filed when the disputed property is used for commercial purposes, such as offices, retail stores, or industrial facilities. It arises when a commercial tenant fails to vacate the premises as demanded by the landlord, typically due to lease violations or non-payment of rent. In either case, the complaint must include specific details regarding the property, occupants, landlord-tenant relationship, and the events leading to the defendant's refusal to surrender the premises. The complaint should also outline the legal grounds under which the landlord seeks possession, such as expiration of the lease, breach of the rental agreement, or non-payment of rent. It is essential for the complaint to be thorough, accurate, and in compliance with Virginia state laws and regulations. Failing to include all necessary information may result in delays or dismissal of the case. Therefore, it is advisable to consult with an attorney or reference the relevant Virginia statutes to ensure the complaint is properly completed. In summary, a Virginia Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand is a legal document used by landlords or property owners to initiate legal proceedings against a tenant or occupant who refuses to vacate the property after receiving a demand.