Montgomery Maryland Complaint for Forcible Entry and Detainer - Defendant Refuses to Surrender Premises on Demand

State:
Multi-State
County:
Montgomery
Control #:
US-03314BG
Format:
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Description

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.

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FAQ

California Law provides a remedy to the owner of real property where the occupant is living in the rental property without the owner's permission or consent. This is called a Forcible Detainer claim.

The ejectments attorneys at Your Advocates can easily file an action in ejectment and have the offending party removed from the home in as little as 45 days.

Any person who, being in actual possession of land without colour of right, holds possession of it, in a manner likely to cause a breach or reasonable apprehension of a breach of the peace, against a person entitled by law to the possession of the land is guilty of the misdemeanor termed forcible detainer.

However, under the Rules of Civil Procedure, ejectment is a legal remedy for forcible entry or unlawful detainer. Forcible entry is when a person is deprived of the possession of any land or building by force, intimidation, threat, strategy, or stealth.

Ejectment is the legal method of removing someone who is not a tenant, in other words, usually someone who is staying without a lease and not paying rent to the landlord. Ejectment is a statutory cause of action and can be found in Chapter 66, Florida Statutes.

Unlawful detainer is when friends, family members or other persons are allowed to stay on a property with no rent or payment and then refuse to leave. There is no lease or rental agreement and no landlord/tenant relationship.

In an ejectment action, the person living on the premises says they have a legal claim to the property. An ejectment action needs to be filed in Circuit Court and is not governed by Summary Procedure (which means it does not go very quickly).

(a) A person commits a forcible entry and detainer if the person enters the real property of another without legal authority or by force and refuses to surrender possession on demand.

Forcible Entry & Detainer, or simply wrongful detainer, is used to evict house guests, non-tenants, and squatters. Wrongful detainer is frequently used to evict family members. For wrongful detainer, the person in possession must be a non-tenant that refuses to leave the property after being asked.

A person commits the offense of forcible detention when he holds an individual hostage. without lawful authority for the purpose of obtaining performance by a third person of demands.

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Montgomery Maryland Complaint for Forcible Entry and Detainer - Defendant Refuses to Surrender Premises on Demand