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 Kings New York Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand is a legal action taken by a landlord against a tenant who refuses to vacate the rented premises despite being demanded to do so. This complaint is typically filed in the Kings County Civil Court in New York. The complaint begins with a detailed description of the situation, outlining the landlord-tenant relationship and the terms of the lease agreement. It states that the defendant tenant has failed to comply with the landlord's demand to surrender the premises, breaching the lease agreement. Keywords: Kings New York, Complaint, Forcible Entry and Detained, Defendant, Refuses to Surrender, Premises on Demand, tenant, landlord, lease agreement, legal action. There may be different types of Kings New York Complaints for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand, based on the circumstances of the case or the specific provisions of the lease agreement. Some possible variations could include: 1. Nonpayment of Rent: This type of complaint arises when a tenant refuses to vacate the premises despite being behind on rent payments, leading to a breach of the lease agreement. 2. Holdover Tenancy: In this case, the tenant remains in possession of the premises even after the lease has expired or is terminated, without obtaining the landlord's consent. The landlord must demand the tenant to leave, and if the tenant refuses, a Complaint for Forcible Entry and Detained can be filed. 3. Illegal Subletting: If the tenant unlawfully sublets the premises to another individual without the landlord's consent, the landlord can file a Complaint for Forcible Entry and Detained against both the tenant and the subtenant. 4. Unauthorized Occupants: If the tenant moves in additional occupants without obtaining proper consent from the landlord, thus violating the lease agreement, the landlord may file a complaint to evict the unauthorized occupants. 5. Material Lease Violations: When the tenant engages in activities that significantly breach the lease agreement, such as excessive noise, property damage, or illegal activities, the landlord has grounds to file a Complaint for Forcible Entry and Detained. It's crucial for landlords to understand their rights and obligations under the law and consult with an attorney when taking legal action.
