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 Bronx New York Complaint for Forcible Entry and Detained (FED) is a legal document filed by a landlord against a tenant who refuses to vacate the premises upon demand. This complaint is filed with the Bronx Housing Court and aims to obtain a court order for the eviction of the tenant. Bronx's landlords may encounter various situations where they need to initiate a Complaint for FED when a tenant refuses to surrender the premises: 1. Non-Payment of Rent: This type of FED complaint is filed when a tenant fails to pay their rent consistently, violating the terms of the lease agreement. 2. Holdover Tenancy: A Holdover Tenancy FED complaint is lodged when a tenant remains in possession of the premises after the expiration of their lease term or when they violate the terms of the lease. 3. Illegal Subletting: Landlords may file an FED complaint if they discover that a tenant has sublet the premises without prior approval or against the lease provisions. 4. Nuisance or Illegal Activities: If a tenant engages in illegal activities or creates a nuisance that disturbs other residents' peace and safety, a landlord may file an FED complaint to regain control over the premises. When filing a Complaint for FED, the landlord must provide a detailed description of the situation, including all relevant facts and evidence. The complaint should include: 1. Plaintiff Information: The landlord's name, contact information, and attorney details (if applicable). 2. Defendant Information: The tenant's name, address, and any known contact information. 3. Property Details: The address of the rental property that the tenant refuses to surrender. 4. Lease Agreement: Attach a copy of the lease agreement, highlighting the relevant sections that the tenant is violating. 5. Demand Notice: Include a copy of the written demand for the tenant to vacate the premises. 6. Violations: Clearly explain the tenant's violations, such as non-payment of rent, unauthorized subletting, or nuisance activities. Include specific dates, incidents, and any relevant documentation like invoices, photographs, neighbors' affidavits, or police reports. 7. Relief Sought: State the specific relief sought by the landlord, which typically includes eviction, monetary damages, and legal fees. 8. Certification: The complaint should end with a certification that all statements are true to the best of the landlord's knowledge. It is crucial for Bronx landlords to follow the proper legal procedures and provide all necessary documentation to strengthen their Complaint for FED. Seeking legal advice from a qualified attorney is recommended to navigate the complexities of the process and ensure adherence to all relevant laws and regulations.A Bronx New York Complaint for Forcible Entry and Detained (FED) is a legal document filed by a landlord against a tenant who refuses to vacate the premises upon demand. This complaint is filed with the Bronx Housing Court and aims to obtain a court order for the eviction of the tenant. Bronx's landlords may encounter various situations where they need to initiate a Complaint for FED when a tenant refuses to surrender the premises: 1. Non-Payment of Rent: This type of FED complaint is filed when a tenant fails to pay their rent consistently, violating the terms of the lease agreement. 2. Holdover Tenancy: A Holdover Tenancy FED complaint is lodged when a tenant remains in possession of the premises after the expiration of their lease term or when they violate the terms of the lease. 3. Illegal Subletting: Landlords may file an FED complaint if they discover that a tenant has sublet the premises without prior approval or against the lease provisions. 4. Nuisance or Illegal Activities: If a tenant engages in illegal activities or creates a nuisance that disturbs other residents' peace and safety, a landlord may file an FED complaint to regain control over the premises. When filing a Complaint for FED, the landlord must provide a detailed description of the situation, including all relevant facts and evidence. The complaint should include: 1. Plaintiff Information: The landlord's name, contact information, and attorney details (if applicable). 2. Defendant Information: The tenant's name, address, and any known contact information. 3. Property Details: The address of the rental property that the tenant refuses to surrender. 4. Lease Agreement: Attach a copy of the lease agreement, highlighting the relevant sections that the tenant is violating. 5. Demand Notice: Include a copy of the written demand for the tenant to vacate the premises. 6. Violations: Clearly explain the tenant's violations, such as non-payment of rent, unauthorized subletting, or nuisance activities. Include specific dates, incidents, and any relevant documentation like invoices, photographs, neighbors' affidavits, or police reports. 7. Relief Sought: State the specific relief sought by the landlord, which typically includes eviction, monetary damages, and legal fees. 8. Certification: The complaint should end with a certification that all statements are true to the best of the landlord's knowledge. It is crucial for Bronx landlords to follow the proper legal procedures and provide all necessary documentation to strengthen their Complaint for FED. Seeking legal advice from a qualified attorney is recommended to navigate the complexities of the process and ensure adherence to all relevant laws and regulations.
