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 Jose California Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand involves legal proceedings to address a tenant's refusal to leave a property despite being asked to vacate by the landlord or property owner. This complaint aims to protect the rights of property owners and ensure a lawful and efficient resolution to the dispute. Here is a detailed description emphasizing relevant keywords: — San Jose California: Located in the heart of Silicon Valley, San Jose is a vibrant city known for its technological advancements, diverse communities, and robust economy. As a prominent metropolitan area, it has a comprehensive legal system that handles various cases, including housing disputes such as forcible entry and detained. — Complaint for Forcible Entry anDetaineder: A complaint is a legal document filed by the landlord or property owner who alleges that the tenant has failed to surrender the premises on demand. Forcible entry and detained refers to the unlawful occupation of a property by a tenant who refuses to leave, despite being asked to do so. This complaint initiates legal proceedings to evict the tenant and regain possession of the property. — Defendant: The defendant in this complaint is the tenant who has been accused of refusing to surrender the premises. The defendant's name and other relevant details are stated in the complaint to ensure issuance of a summons and due process. — Refuses to Surrender Premises on Demand: The core issue of this complaint lies in the tenant's persistent refusal to vacate the premises despite the landlord's repeated demand. The complaint outlines the circumstances, such as expired lease terms, breached rental agreement, or termination of tenancy, that necessitate the tenant's departure. Different Types of San Jose California Complaints for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand: 1. Residential Eviction: This type of complaint is filed when the tenant's refusal to surrender the premises pertains to a residential property. It may involve homes, apartments, or other dwelling units within San Jose. 2. Commercial Eviction: When the disputed property serves as a business establishment or commercial space, a commercial eviction complaint can be filed. This category includes offices, retail shops, restaurants, or any premises used for commercial purposes. 3. Unlawful Retention of Property: In some cases, a tenant may unlawfully hold onto the property even after the termination of a lease agreement or expiration of the rental period. A complaint for unlawful retention of property targets such situations, ensuring a legal pathway to regain possession. By properly defining the San Jose California Complaint for Forcible Entry and Detained — Defendant Refuses to Surrender Premises on Demand and outlining its different types, individuals can navigate the specific legal process required to address this issue effectively and protect their rights as landlords or tenants.
