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.
Keywords: Middlesex Massachusetts, complaint, forcible entry and detained, defendant, refuse, surrender premises, demand A Middlesex Massachusetts Complaint for Forcible Entry and Detained is a legal document that is filed in the Middlesex County Court when a defendant refuses to surrender the premises upon demand. This type of complaint is commonly used in landlord-tenant disputes, where the landlord is seeking to regain possession of the property due to the tenant's refusal to leave. There are different types of Middlesex Massachusetts Complaints for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand, depending on the specific circumstances of the case: 1. Residential Complaint: This type of complaint is used when the property in question is a residential unit, such as an apartment or house. The complaint outlines the details of the tenancy, including the agreement between the landlord and tenant, the breach of the agreement by the tenant, and their refusal to vacate the premises upon demand. 2. Commercial Complaint: In cases where the property in question is a commercial space, such as a retail store or office, a commercial complaint is filed. This complaint follows a similar structure as a residential complaint but includes specific provisions relevant to commercial leases. 3. Non-Payment Complaint: This type of complaint is used when the defendant refuses to surrender the premises due to non-payment of rent. It includes details about the amount owed, any communications or notices sent to the tenant regarding the non-payment, and their continued refusal to vacate despite multiple demands. 4. Holdover Complaint: A holdover complaint is filed when the tenant remains on the property beyond the agreed-upon lease term. This could occur when a tenant fails to renew the lease or continues to occupy the premises unlawfully after expiration. The complaint includes information about the expired lease term, any attempts to negotiate a new lease or eviction notice, and the defendant's refusal to vacate. In every Middlesex Massachusetts Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand, the plaintiff (usually the landlord) must provide sufficient evidence and documentation supporting their claim. This may include copies of the lease agreement, notices sent to the tenant, correspondence between the parties, and any relevant photographs or videos of the property. It's important to note that the process for filing and resolving a Middlesex Massachusetts Complaint for Forcible Entry and Detained may vary, so it is advisable to consult with a legal professional or refer to the specific guidelines and procedures set forth by the Middlesex County Court.
