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.
The Wayne Michigan Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term is a legal document used to initiate legal proceedings against a residential tenant who refuses to vacate the property after the lease term has expired. This complaint is filed by landlords or property owners seeking to regain possession of their property. Keywords: Wayne Michigan, complaint for unlawful detained, residential tenant, holding over, expiration of term, legal proceedings, lease, property, landlords, possession. Types of Wayne Michigan Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term: 1. Standard Complaint for Unlawful Detained: This is the most common type of complaint filed when a residential tenant holds over after the expiration of the lease term. It includes necessary details such as the identity of the tenant, property details, lease term dates, and a clear statement of the violation. 2. Summons and Notice: This is a companion form served to the tenant along with the complaint. It notifies the tenant of the lawsuit, explains the claims made against them, and includes a date for the court hearing. 3. Defenses and Counterclaims: In some cases, the tenant may file a response to the complaint, asserting their own defenses or counterclaims against the landlord. These may include claims of breach of contract, uninhabitable living conditions, violation of state laws, or any other relevant legal defense. 4. Default Judgment: If the tenant fails to respond to the complaint, the court may grant a default judgment in favor of the landlord. This allows the landlord to regain possession of the property without further legal proceedings. 5. Eviction Order: If the court finds in favor of the landlord, an eviction order may be issued, granting the landlord the legal right to remove the tenant and take possession of the property. This order is typically enforced by local law enforcement. In summary, the Wayne Michigan Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term is a legal document used in Wayne, Michigan, to initiate legal proceedings against residential tenants who refuse to vacate the property after the lease term has expired. Different types of this complaint include the standard complaint, summons and notice, defenses and counterclaims, default judgment, and eviction order.The Wayne Michigan Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term is a legal document used to initiate legal proceedings against a residential tenant who refuses to vacate the property after the lease term has expired. This complaint is filed by landlords or property owners seeking to regain possession of their property. Keywords: Wayne Michigan, complaint for unlawful detained, residential tenant, holding over, expiration of term, legal proceedings, lease, property, landlords, possession. Types of Wayne Michigan Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term: 1. Standard Complaint for Unlawful Detained: This is the most common type of complaint filed when a residential tenant holds over after the expiration of the lease term. It includes necessary details such as the identity of the tenant, property details, lease term dates, and a clear statement of the violation. 2. Summons and Notice: This is a companion form served to the tenant along with the complaint. It notifies the tenant of the lawsuit, explains the claims made against them, and includes a date for the court hearing. 3. Defenses and Counterclaims: In some cases, the tenant may file a response to the complaint, asserting their own defenses or counterclaims against the landlord. These may include claims of breach of contract, uninhabitable living conditions, violation of state laws, or any other relevant legal defense. 4. Default Judgment: If the tenant fails to respond to the complaint, the court may grant a default judgment in favor of the landlord. This allows the landlord to regain possession of the property without further legal proceedings. 5. Eviction Order: If the court finds in favor of the landlord, an eviction order may be issued, granting the landlord the legal right to remove the tenant and take possession of the property. This order is typically enforced by local law enforcement. In summary, the Wayne Michigan Complaint for Unlawful Detained — Residential Tenant Holding Over after Expiration of Term is a legal document used in Wayne, Michigan, to initiate legal proceedings against residential tenants who refuse to vacate the property after the lease term has expired. Different types of this complaint include the standard complaint, summons and notice, defenses and counterclaims, default judgment, and eviction order.
