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.
A Virginia Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term, is a legal document filed by a landlord to evict a tenant who remains in possession of the property after the lease agreement has expired. This complaint serves as a notice to the tenant that their tenancy has ended, and they are required to vacate the premises. Keywords: Virginia, Complaint, Unlawful Detained, Residential Tenant, Holding Over, Expiration of Term. Different types of Virginia Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term may include: 1. Standard Complaint: This type of complaint is applicable when the tenant has failed to vacate the property after the lease agreement's expiration date. It outlines the details of the property, lease agreement, and the tenant's refusal to leave. 2. Complaint for Damages: In addition to seeking eviction, the landlord may also file a complaint for damages if the tenant has caused any harm or excessive wear and tear to the property during the holdover period. This complaint aims to recover financial compensation for the losses incurred. 3. Complaint for Unpaid Rent: If the tenant not only holds over after the expiration of the lease but also fails to pay rent during this period, the landlord may file a complaint specifically seeking unpaid rent. This complaint states the amount owed by the tenant and requests the court to order the tenant to pay the outstanding rent. 4. Complaint for Lockout: In some cases, a landlord may take unlawful measures to remove a tenant, such as changing the locks to prevent their entry. In such situations, the tenant may file a complaint for lockout, claiming wrongful eviction and seeking damages or re-entry to the property. 5. Complaint for Breach of Contract: If the tenant violates specific terms of the lease agreement, such as unauthorized subletting or conducting illegal activities on the premises, the landlord may file a complaint for breach of contract. This type of complaint typically includes evidence of the tenant's actions and seeks eviction based on the breach. It is essential to consult an attorney or legal resource to ensure that the appropriate type of complaint is filed, as it may vary depending on the circumstances of each case. Additionally, specific local laws and regulations should be considered when pursuing an unlawful detained action.
