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.
Keywords: Collin Texas, complaint, unlawful detained, residential tenant, holding over, expiration of term. Description: The Collin Texas Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term is a legal document filed by a landlord in Collin County, Texas, when a residential tenant continues to occupy the rental property after their lease agreement has expired or terminated. Typically, the tenant is no longer entitled to legal possession or occupation of the premises. There are different types of Collin Texas Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term, depending on the specific circumstances: 1. Nonpayment of Rent: This type of complaint is filed when a tenant remains on the property without paying rent after the lease agreement has expired. The landlord seeks an eviction and outstanding rent payment. 2. Holdover Tenant: This complaint is filed when a tenant refuses to vacate the property after the lease term has ended, regardless of whether rent is being paid or not. The landlord seeks to regain possession of the property and potentially claim damages. 3. Illegal Use or Damage to Property: This type of complaint is filed when a tenant continues to occupy the premises after the lease term has expired, but additionally engages in illegal activities or causes significant damage to the property. The landlord seeks eviction, possession, and potentially monetary compensation for the damages. In each of these cases, the Collin Texas Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term serves as a formal legal notice to the tenant, informing them of the landlord's intent to regain possession of the property and seek any outstanding rent or damages owed. It is essential for landlords to carefully follow the legal procedures outlined by the Texas Property Code and consult with an attorney familiar with landlord-tenant laws in Collin County to ensure the proper preparation and filing of the complaint.Keywords: Collin Texas, complaint, unlawful detained, residential tenant, holding over, expiration of term. Description: The Collin Texas Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term is a legal document filed by a landlord in Collin County, Texas, when a residential tenant continues to occupy the rental property after their lease agreement has expired or terminated. Typically, the tenant is no longer entitled to legal possession or occupation of the premises. There are different types of Collin Texas Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term, depending on the specific circumstances: 1. Nonpayment of Rent: This type of complaint is filed when a tenant remains on the property without paying rent after the lease agreement has expired. The landlord seeks an eviction and outstanding rent payment. 2. Holdover Tenant: This complaint is filed when a tenant refuses to vacate the property after the lease term has ended, regardless of whether rent is being paid or not. The landlord seeks to regain possession of the property and potentially claim damages. 3. Illegal Use or Damage to Property: This type of complaint is filed when a tenant continues to occupy the premises after the lease term has expired, but additionally engages in illegal activities or causes significant damage to the property. The landlord seeks eviction, possession, and potentially monetary compensation for the damages. In each of these cases, the Collin Texas Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term serves as a formal legal notice to the tenant, informing them of the landlord's intent to regain possession of the property and seek any outstanding rent or damages owed. It is essential for landlords to carefully follow the legal procedures outlined by the Texas Property Code and consult with an attorney familiar with landlord-tenant laws in Collin County to ensure the proper preparation and filing of the complaint.
