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.
Houston Texas Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term is a legal document filed by a landlord against a tenant who refuses to vacate the property after the lease term has ended. This complaint is specific to the state of Texas and the city of Houston. The primary purpose of this complaint is to initiate legal proceedings to regain possession of the rental property. It outlines the details and circumstances of the situation, ensuring that the landlord's rights are protected and the tenant is held accountable for the violation. The complaint typically includes relevant keywords such as: 1. Unlawful Detained: This term refers to the act of holding over a property without a legal right to possess it. It indicates that the tenant is residing in the rental unit unlawfully after the lease term has expired. 2. Residential Tenant: This complaint is specific to residential tenants or individuals who lease properties for residential purposes, rather than commercial tenants. 3. Holding Over: This refers to the tenant's refusal to vacate the premises after the lease period has ended or been terminated. It signifies that the tenant is unlawfully remaining on the property. 4. Expiration of Term: This term denotes the natural end of the lease period, after which the tenant is expected to vacate the premises. It indicates that the tenant's right to occupy the property has concluded. Types of Houston Texas Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term may include: 1. Standard Complaint for Unlawful Detained: This is the most common type of complaint filed by landlords against tenants who hold over after the lease term has expired. 2. Non-Compliance Complaint for Unlawful Detained: This complaint may be filed if the tenant fails to comply with specific lease terms or agreements, thereby warranting an eviction due to breach of contract. 3. Failure to Pay Rent Complaint for Unlawful Detained: If the tenant continues to occupy the property without paying rent after the lease term has expired, the landlord can file this type of complaint to regain possession. 4. Holding Over despite Notice Complaint for Unlawful Detained: In cases where the tenant is fully aware of the lease expiration and has been duly notified to vacate but refuses to do so, this complaint can be filed. It is important to consult with legal professionals familiar with Houston, Texas laws and regulations to ensure accurate and relevant content is included in the complaint to support the landlord's case.Houston Texas Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term is a legal document filed by a landlord against a tenant who refuses to vacate the property after the lease term has ended. This complaint is specific to the state of Texas and the city of Houston. The primary purpose of this complaint is to initiate legal proceedings to regain possession of the rental property. It outlines the details and circumstances of the situation, ensuring that the landlord's rights are protected and the tenant is held accountable for the violation. The complaint typically includes relevant keywords such as: 1. Unlawful Detained: This term refers to the act of holding over a property without a legal right to possess it. It indicates that the tenant is residing in the rental unit unlawfully after the lease term has expired. 2. Residential Tenant: This complaint is specific to residential tenants or individuals who lease properties for residential purposes, rather than commercial tenants. 3. Holding Over: This refers to the tenant's refusal to vacate the premises after the lease period has ended or been terminated. It signifies that the tenant is unlawfully remaining on the property. 4. Expiration of Term: This term denotes the natural end of the lease period, after which the tenant is expected to vacate the premises. It indicates that the tenant's right to occupy the property has concluded. Types of Houston Texas Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term may include: 1. Standard Complaint for Unlawful Detained: This is the most common type of complaint filed by landlords against tenants who hold over after the lease term has expired. 2. Non-Compliance Complaint for Unlawful Detained: This complaint may be filed if the tenant fails to comply with specific lease terms or agreements, thereby warranting an eviction due to breach of contract. 3. Failure to Pay Rent Complaint for Unlawful Detained: If the tenant continues to occupy the property without paying rent after the lease term has expired, the landlord can file this type of complaint to regain possession. 4. Holding Over despite Notice Complaint for Unlawful Detained: In cases where the tenant is fully aware of the lease expiration and has been duly notified to vacate but refuses to do so, this complaint can be filed. It is important to consult with legal professionals familiar with Houston, Texas laws and regulations to ensure accurate and relevant content is included in the complaint to support the landlord's case.
