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 Phoenix Arizona Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term is a legal document used to address a situation where a tenant remains in a rental unit after their lease or rental agreement has expired. This type of complaint is filed by landlords or property owners who seek to regain possession of their property. A typical complaint for unlawful detained in Phoenix, Arizona would consist of the following key elements: 1. Case Title: The complaint would start with the name of the plaintiff (landlord) and the defendant (tenant), along with their respective addresses. 2. Jurisdiction and Venue: This section would establish that the court has jurisdiction over the matter and that the complaint is being filed in the appropriate county. 3. Allegations: The complaint would outline the facts surrounding the case, stating that the tenant has failed to vacate the premises after the expiration of their lease or rental agreement, thereby unlawfully detaining the property. 4. Notice to Quit: This section would state that the landlord served a formal notice to quit or vacate the premises to the tenant, notifying them of the expiration of their lease and demanding that they vacate the property. 5. Breach of Agreement: The complaint may also include any specific breaches of the lease agreement committed by the tenant during their tenancy, such as failure to pay rent, violation of occupancy rules, or damage to the property. 6. Request for Possession: The complaint would request that the court grants possession of the property to the plaintiff and orders the eviction of the tenant. 7. Demands for Relief and Costs: The complaint would include a section where the plaintiff seeks damages, unpaid rent, attorney fees, and any other applicable costs incurred as a result of the tenant's unlawful holding over. Types of Complaints for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term in Phoenix, Arizona might include: 1. Residential Tenant Holding Over — Notice to Quit Served: A complaint filed when a landlord has served a formal notice to quit or vacate to the tenant, but they have failed to vacate the property after the lease term has expired. 2. Residential Tenant Holding Over — Breach of Lease Terms: This complaint may be filed when a tenant remains in the rental unit after the lease term has ended, and in addition to the unlawful detained, they have also violated other terms of the lease agreement, such as defaulting on rent payments or causing property damage. 3. Residential Tenant Holding Over — Expiration of Rental Agreement: This complaint is filed when a tenant continues to occupy the rental property without the landlord's consent after the expiration of a month-to-month rental agreement. In summary, a Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term in Phoenix, Arizona is a legal document used to regain possession of a rental property after the lease or rental agreement has expired, and the tenant has failed to vacate.A Phoenix Arizona Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term is a legal document used to address a situation where a tenant remains in a rental unit after their lease or rental agreement has expired. This type of complaint is filed by landlords or property owners who seek to regain possession of their property. A typical complaint for unlawful detained in Phoenix, Arizona would consist of the following key elements: 1. Case Title: The complaint would start with the name of the plaintiff (landlord) and the defendant (tenant), along with their respective addresses. 2. Jurisdiction and Venue: This section would establish that the court has jurisdiction over the matter and that the complaint is being filed in the appropriate county. 3. Allegations: The complaint would outline the facts surrounding the case, stating that the tenant has failed to vacate the premises after the expiration of their lease or rental agreement, thereby unlawfully detaining the property. 4. Notice to Quit: This section would state that the landlord served a formal notice to quit or vacate the premises to the tenant, notifying them of the expiration of their lease and demanding that they vacate the property. 5. Breach of Agreement: The complaint may also include any specific breaches of the lease agreement committed by the tenant during their tenancy, such as failure to pay rent, violation of occupancy rules, or damage to the property. 6. Request for Possession: The complaint would request that the court grants possession of the property to the plaintiff and orders the eviction of the tenant. 7. Demands for Relief and Costs: The complaint would include a section where the plaintiff seeks damages, unpaid rent, attorney fees, and any other applicable costs incurred as a result of the tenant's unlawful holding over. Types of Complaints for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term in Phoenix, Arizona might include: 1. Residential Tenant Holding Over — Notice to Quit Served: A complaint filed when a landlord has served a formal notice to quit or vacate to the tenant, but they have failed to vacate the property after the lease term has expired. 2. Residential Tenant Holding Over — Breach of Lease Terms: This complaint may be filed when a tenant remains in the rental unit after the lease term has ended, and in addition to the unlawful detained, they have also violated other terms of the lease agreement, such as defaulting on rent payments or causing property damage. 3. Residential Tenant Holding Over — Expiration of Rental Agreement: This complaint is filed when a tenant continues to occupy the rental property without the landlord's consent after the expiration of a month-to-month rental agreement. In summary, a Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term in Phoenix, Arizona is a legal document used to regain possession of a rental property after the lease or rental agreement has expired, and the tenant has failed to vacate.
