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.
A Bexar Texas Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term is a legal document filed by a landlord seeking to remove a tenant who has stayed in the residential property beyond the agreed-upon lease term. This type of complaint is pertinent when a tenant refuses to vacate the premises, becoming a holdover tenant. In Bexar County, Texas, there are various types of Bexar Texas Complaints for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term, which can be differentiated based on specific circumstances and statutes. Some different types include: 1. Standard Unlawful Detained Complaint: This complaint is used when a residential tenant has exceeded the agreed lease term and refuses to vacate the property, disregarding any notice provided by the landlord. 2. Tenant Holding Over after Foreclosure: If the residential property has been foreclosed on, and the tenant remains in possession of the property after expiration of the lease or foreclosure sale, this type of complaint can be used to initiate legal proceedings. 3. Commercial Tenant Holding Over: While not strictly residential, this type of complaint deals with situations where a commercial tenant stays in the property without authorization after their lease has expired. 4. Failure to Pay Rent and Holdover: When a tenant fails to pay rent and continues to occupy the residential property, this complaint may be utilized to address both the unpaid rent and the tenant's refusal to vacate. Regardless of the specific type of complaint, an Unlawful Detained — Residential Tenant Holding Over after Expiration of Term initiates legal proceedings, allowing the landlord to regain possession of the property through a court process. The complaint typically includes information such as the names of the parties involved, the lease terms, the expiration date, details of any notices given to the tenant, and a request for possession of the premises.A Bexar Texas Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term is a legal document filed by a landlord seeking to remove a tenant who has stayed in the residential property beyond the agreed-upon lease term. This type of complaint is pertinent when a tenant refuses to vacate the premises, becoming a holdover tenant. In Bexar County, Texas, there are various types of Bexar Texas Complaints for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term, which can be differentiated based on specific circumstances and statutes. Some different types include: 1. Standard Unlawful Detained Complaint: This complaint is used when a residential tenant has exceeded the agreed lease term and refuses to vacate the property, disregarding any notice provided by the landlord. 2. Tenant Holding Over after Foreclosure: If the residential property has been foreclosed on, and the tenant remains in possession of the property after expiration of the lease or foreclosure sale, this type of complaint can be used to initiate legal proceedings. 3. Commercial Tenant Holding Over: While not strictly residential, this type of complaint deals with situations where a commercial tenant stays in the property without authorization after their lease has expired. 4. Failure to Pay Rent and Holdover: When a tenant fails to pay rent and continues to occupy the residential property, this complaint may be utilized to address both the unpaid rent and the tenant's refusal to vacate. Regardless of the specific type of complaint, an Unlawful Detained — Residential Tenant Holding Over after Expiration of Term initiates legal proceedings, allowing the landlord to regain possession of the property through a court process. The complaint typically includes information such as the names of the parties involved, the lease terms, the expiration date, details of any notices given to the tenant, and a request for possession of the premises.
