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 San Diego California Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand is a legal document filed by a landlord or property owner to reclaim their property when a tenant refuses to vacate after receiving a demand to do so. This type of complaint is usually filed in cases of eviction or when a tenant is holding possession of a property unlawfully. Keywords: San Diego California, Complaint, Forcible Entry and Detained, Defendant, Refuses to Surrender, Premises on Demand, eviction, tenant, property owner. In San Diego, there are a few variations of the Complaint for Forcible Entry and Detained: 1. Residential Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand: This type of complaint is filed by a landlord against a residential tenant who has failed to vacate the premises after receiving a legally valid demand to do so. 2. Commercial Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand: This complaint is used when a commercial tenant refuses to relinquish possession of a commercial property despite being obligated to do so upon the landlord's demand. 3. Unlawful Detained Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand: Unlawful detained complaints are applicable when a tenant remains in possession of a property without legal justification, typically after the expiration or termination of their lease agreement or after defaulting on rental payment. Regardless of the type, the Complaint for Forcible Entry and Detained typically includes the following elements: 1. Identification of the plaintiff (landlord or property owner) and defendant (tenant) 2. Description of the rented property, such as its address and legal description 3. Details of the lease or rental agreement between the plaintiff and defendant 4. Specific dates and descriptions of the demand made by the plaintiff for the defendant to surrender the premises 5. Allegations regarding the defendant's refusal to vacate the property 6. Evidence of proper notice and service of the demand to the defendant 7. Request for the court to issue a judgment for possession of the property in favor of the plaintiff, allowing them to regain control and remove the defendant 8. If applicable, a request for monetary damages resulting from the defendant's unlawful occupation of the premises 9. Other relevant supporting documents, such as copies of the lease agreement, demand notices, and proof of service. It's important to consult with an attorney or legal professional familiar with San Diego's specific laws and regulations to ensure accuracy and compliance when preparing a Complaint for Forcible Entry and Detained.A San Diego California Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand is a legal document filed by a landlord or property owner to reclaim their property when a tenant refuses to vacate after receiving a demand to do so. This type of complaint is usually filed in cases of eviction or when a tenant is holding possession of a property unlawfully. Keywords: San Diego California, Complaint, Forcible Entry and Detained, Defendant, Refuses to Surrender, Premises on Demand, eviction, tenant, property owner. In San Diego, there are a few variations of the Complaint for Forcible Entry and Detained: 1. Residential Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand: This type of complaint is filed by a landlord against a residential tenant who has failed to vacate the premises after receiving a legally valid demand to do so. 2. Commercial Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand: This complaint is used when a commercial tenant refuses to relinquish possession of a commercial property despite being obligated to do so upon the landlord's demand. 3. Unlawful Detained Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand: Unlawful detained complaints are applicable when a tenant remains in possession of a property without legal justification, typically after the expiration or termination of their lease agreement or after defaulting on rental payment. Regardless of the type, the Complaint for Forcible Entry and Detained typically includes the following elements: 1. Identification of the plaintiff (landlord or property owner) and defendant (tenant) 2. Description of the rented property, such as its address and legal description 3. Details of the lease or rental agreement between the plaintiff and defendant 4. Specific dates and descriptions of the demand made by the plaintiff for the defendant to surrender the premises 5. Allegations regarding the defendant's refusal to vacate the property 6. Evidence of proper notice and service of the demand to the defendant 7. Request for the court to issue a judgment for possession of the property in favor of the plaintiff, allowing them to regain control and remove the defendant 8. If applicable, a request for monetary damages resulting from the defendant's unlawful occupation of the premises 9. Other relevant supporting documents, such as copies of the lease agreement, demand notices, and proof of service. It's important to consult with an attorney or legal professional familiar with San Diego's specific laws and regulations to ensure accuracy and compliance when preparing a Complaint for Forcible Entry and Detained.
