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.
Hillsborough Florida Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term is a legal document filed by a landlord in Hillsborough County, Florida when a residential tenant stays on the premises after the expiration of their lease or rental agreement. This complaint serves as a formal request for the court to evict the tenant and potentially seek compensation for unpaid rent or damages. The Complaint for Unlawful Detained typically contains the following information: 1. Parties Involved: The names and contact information of both the landlord (plaintiff) and the tenant (defendant) are stated. 2. Property Details: A thorough description of the rental property is provided, including the address and any relevant legal description. 3. Lease Agreement: A summary of the original lease agreement, including the start and end date, monthly rent amount, and any additional terms or conditions, is mentioned. 4. Rent Arrears: The complaint highlights the amount of unpaid rent owed by the tenant for the holdover period after the expiration of their lease. 5. Non-Compliance with Notice: The document states whether the tenant received a written notice to vacate the premises after the expiry of the lease and failed to comply within the specified time frame. 6. Requested Relief: The landlord outlines their requests to the court, which generally include the eviction of the tenant, unpaid rent, and potential damages. Types of Hillsborough Florida Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term: 1. Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term with Unpaid Rent: If the tenant holds over after the lease term ends and fails to pay the rent owed, this type of complaint is filed to evict the tenant and recover unpaid rent. 2. Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term without Unpaid Rent: In cases where the tenant remains on the rental property after the lease expires but has no outstanding rent, this type of complaint is filed solely to regain possession of the property. It is important to consult with a legal professional or refer to the local laws and regulations to understand the specific requirements and procedures associated with filing a Hillsborough Florida Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term.Hillsborough Florida Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term is a legal document filed by a landlord in Hillsborough County, Florida when a residential tenant stays on the premises after the expiration of their lease or rental agreement. This complaint serves as a formal request for the court to evict the tenant and potentially seek compensation for unpaid rent or damages. The Complaint for Unlawful Detained typically contains the following information: 1. Parties Involved: The names and contact information of both the landlord (plaintiff) and the tenant (defendant) are stated. 2. Property Details: A thorough description of the rental property is provided, including the address and any relevant legal description. 3. Lease Agreement: A summary of the original lease agreement, including the start and end date, monthly rent amount, and any additional terms or conditions, is mentioned. 4. Rent Arrears: The complaint highlights the amount of unpaid rent owed by the tenant for the holdover period after the expiration of their lease. 5. Non-Compliance with Notice: The document states whether the tenant received a written notice to vacate the premises after the expiry of the lease and failed to comply within the specified time frame. 6. Requested Relief: The landlord outlines their requests to the court, which generally include the eviction of the tenant, unpaid rent, and potential damages. Types of Hillsborough Florida Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term: 1. Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term with Unpaid Rent: If the tenant holds over after the lease term ends and fails to pay the rent owed, this type of complaint is filed to evict the tenant and recover unpaid rent. 2. Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term without Unpaid Rent: In cases where the tenant remains on the rental property after the lease expires but has no outstanding rent, this type of complaint is filed solely to regain possession of the property. It is important to consult with a legal professional or refer to the local laws and regulations to understand the specific requirements and procedures associated with filing a Hillsborough Florida Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term.