Unlawful detainer applies to a tenant who holds over against a landlord after there has been a termination of the tenancy and an unsuccessful demand for possession. The action may relate to either residential or commercial property.
An unlawful detainer action may only be used when the tenant is unlawfully holding over. Since an action in an unlawful detainer involves a forfeiture of the tenant's right to possession, the landlord must plead and prove that the tenant remains in unlawful possession of the premises. If the tenant surrenders the premises to the landlord before the filing of the complaint, the landlord's remedy is an action for damages and rent.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Allegheny Pennsylvania Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term is a legal document filed by a property owner (landlord) in Allegheny County, Pennsylvania, to address the issue of a residential tenant who continues to occupy the property after the expiration of their lease or tenancy agreement. This complaint primarily focuses on situations where a tenant remains in possession of the premises without the landlord's consent after the agreed-upon lease term has ended. It enables the landlord to seek a legal remedy for the tenant's unlawful detained, allowing for the eviction process to commence. Key elements of the complaint may include: 1. Identification of Parties: — Provide the full legal names and contact information of both the landlord and the tenant involved in the case. — Mention the specific residential property address in Allegheny County, PA. 2. Explanation of the Unlawful Detained: — Describe the original lease or tenancy agreement, highlighting the specified term and its expiration date. — State that the tenant has remained in possession of the premises beyond the agreed-upon term without the landlord's consent. — Indicate the specific date on which the tenant's holding over occurred. 3. Request for Relief: — State the landlord's demand for possession of the premises, seeking the eviction of the tenant. — Specify the amount of rent or damages owed by the tenant, if applicable, after the expiration of the lease term. — Request the court to issue an official judgment ordering the tenant's eviction and the return of the property to the landlord. Variations of Allegheny Pennsylvania Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term may include: 1. Complaint for Unlawful Detained due to Nonpayment of Rent: — This complaint addresses situations where a tenant continues to hold over after the lease term, primarily due to unpaid rent. 2. Complaint for Unlawful Detained due to Lease Violation: — In this case, the complaint focuses on tenants who remain in possession of the premises despite violating the terms of the lease agreement, other than nonpayment of rent. Examples may include unauthorized pet ownership, subletting without permission, or illegal activities on the property. 3. Complaint for Unlawful Detained with Notice to Quit: — This complaint includes an additional step where the landlord serves a "notice to quit" to the tenant, providing a specified period to vacate the premises before legal action is pursued. It is important to note that the specific types of complaints for unlawful detained may vary within Allegheny County, Pennsylvania, based on local court procedures and regulations. Accommodating the unique circumstances of the case and adhering to proper legal guidelines are crucial when filing a complaint for unlawful detained.Allegheny Pennsylvania Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term is a legal document filed by a property owner (landlord) in Allegheny County, Pennsylvania, to address the issue of a residential tenant who continues to occupy the property after the expiration of their lease or tenancy agreement. This complaint primarily focuses on situations where a tenant remains in possession of the premises without the landlord's consent after the agreed-upon lease term has ended. It enables the landlord to seek a legal remedy for the tenant's unlawful detained, allowing for the eviction process to commence. Key elements of the complaint may include: 1. Identification of Parties: — Provide the full legal names and contact information of both the landlord and the tenant involved in the case. — Mention the specific residential property address in Allegheny County, PA. 2. Explanation of the Unlawful Detained: — Describe the original lease or tenancy agreement, highlighting the specified term and its expiration date. — State that the tenant has remained in possession of the premises beyond the agreed-upon term without the landlord's consent. — Indicate the specific date on which the tenant's holding over occurred. 3. Request for Relief: — State the landlord's demand for possession of the premises, seeking the eviction of the tenant. — Specify the amount of rent or damages owed by the tenant, if applicable, after the expiration of the lease term. — Request the court to issue an official judgment ordering the tenant's eviction and the return of the property to the landlord. Variations of Allegheny Pennsylvania Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term may include: 1. Complaint for Unlawful Detained due to Nonpayment of Rent: — This complaint addresses situations where a tenant continues to hold over after the lease term, primarily due to unpaid rent. 2. Complaint for Unlawful Detained due to Lease Violation: — In this case, the complaint focuses on tenants who remain in possession of the premises despite violating the terms of the lease agreement, other than nonpayment of rent. Examples may include unauthorized pet ownership, subletting without permission, or illegal activities on the property. 3. Complaint for Unlawful Detained with Notice to Quit: — This complaint includes an additional step where the landlord serves a "notice to quit" to the tenant, providing a specified period to vacate the premises before legal action is pursued. It is important to note that the specific types of complaints for unlawful detained may vary within Allegheny County, Pennsylvania, based on local court procedures and regulations. Accommodating the unique circumstances of the case and adhering to proper legal guidelines are crucial when filing a complaint for unlawful detained.