A forcible entry is an entry on real property in the peaceful possession of another, against the occupant's will, without legal authority, with actual or threatened force. Forcible detainer arises after entry, whether forcible or not, and usually consists of the unlawful holding of real property by force or by threats or menaces after a peaceable entry -- as in the case of a hold-over tenant.
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: Tenant Holding Over After Expiration of Term In Houston, Texas, a Complaint for Unlawful Detained can be filed when a tenant refuses to vacate a property after the expiration of their lease term. This legal action is taken by landlords or property owners to regain possession of their property lawfully. Here is a detailed description of what this complaint entails, along with possible variations: 1. Standard Houston, Texas Complaint for Unlawful Detained: The Standard Houston, Texas Complaint for Unlawful Detained is the most common type of legal action taken by landlords when tenants fail to leave the premises after their lease has expired. This complaint is filed in the appropriate jurisdiction's court and asserts the landlord's right to possession of the property. 2. Petition for Unlawful Detained — Tenant Holding Over without a Valid Lease: If a tenant continues to occupy the property even after the lease term has expired and there is no new lease agreement in place, a Petition for Unlawful Detained — Tenant Holding Over without a Valid Lease may be filed. This complaint is relevant when there is no legal basis for the tenant to stay on the premises. 3. Unlawful Detained Action — Tenant Holding Over Despite Notice to Quit: In cases where the landlord has provided the tenant with a written Notice to Quit, indicating the termination of the lease and the tenant's obligation to vacate the premises, but the tenant still fails to leave, an Unlawful Detained Action — Tenant Holding Over Despite Notice to Quit may be filed. This complaint addresses situations where the tenant disregards the landlord's notice. 4. Houston, Texas Complaint for Unlawful Detained with Failure to Pay Rent: If the tenant not only holds over after the lease has expired but also fails to pay the rent owed, the landlord can file a Houston, Texas Complaint for Unlawful Detained with Failure to Pay Rent. This type of complaint allows the landlord to seek possession of the property and request the amount owed in unpaid rent. 5. Complaint for Unlawful Detained — Tenant Holding Over after Authorized Occupancy: In rare cases, a tenant may continue to occupy the property even after the landlord has authorized a specific period of continued tenancy. In such situations, a Complaint for Unlawful Detained — Tenant Holding Over after Authorized Occupancy can be filed by the landlord to legally regain possession of the property. Note: It is essential to consult with a qualified attorney or legal professional in Houston, Texas, for accurate guidance on filing a Complaint for Unlawful Detained — Tenant Holding Over After Expiration of Term, as the specific procedures and requirements may vary based on local ordinances and individual circumstances.Houston, Texas Complaint for Unlawful Detained: Tenant Holding Over After Expiration of Term In Houston, Texas, a Complaint for Unlawful Detained can be filed when a tenant refuses to vacate a property after the expiration of their lease term. This legal action is taken by landlords or property owners to regain possession of their property lawfully. Here is a detailed description of what this complaint entails, along with possible variations: 1. Standard Houston, Texas Complaint for Unlawful Detained: The Standard Houston, Texas Complaint for Unlawful Detained is the most common type of legal action taken by landlords when tenants fail to leave the premises after their lease has expired. This complaint is filed in the appropriate jurisdiction's court and asserts the landlord's right to possession of the property. 2. Petition for Unlawful Detained — Tenant Holding Over without a Valid Lease: If a tenant continues to occupy the property even after the lease term has expired and there is no new lease agreement in place, a Petition for Unlawful Detained — Tenant Holding Over without a Valid Lease may be filed. This complaint is relevant when there is no legal basis for the tenant to stay on the premises. 3. Unlawful Detained Action — Tenant Holding Over Despite Notice to Quit: In cases where the landlord has provided the tenant with a written Notice to Quit, indicating the termination of the lease and the tenant's obligation to vacate the premises, but the tenant still fails to leave, an Unlawful Detained Action — Tenant Holding Over Despite Notice to Quit may be filed. This complaint addresses situations where the tenant disregards the landlord's notice. 4. Houston, Texas Complaint for Unlawful Detained with Failure to Pay Rent: If the tenant not only holds over after the lease has expired but also fails to pay the rent owed, the landlord can file a Houston, Texas Complaint for Unlawful Detained with Failure to Pay Rent. This type of complaint allows the landlord to seek possession of the property and request the amount owed in unpaid rent. 5. Complaint for Unlawful Detained — Tenant Holding Over after Authorized Occupancy: In rare cases, a tenant may continue to occupy the property even after the landlord has authorized a specific period of continued tenancy. In such situations, a Complaint for Unlawful Detained — Tenant Holding Over after Authorized Occupancy can be filed by the landlord to legally regain possession of the property. Note: It is essential to consult with a qualified attorney or legal professional in Houston, Texas, for accurate guidance on filing a Complaint for Unlawful Detained — Tenant Holding Over After Expiration of Term, as the specific procedures and requirements may vary based on local ordinances and individual circumstances.