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.
Phoenix, Arizona Complaint for Unlawful Detained — Tenant Holding Over After Expiration of Term In Phoenix, Arizona, a Complaint for Unlawful Detained — Tenant Holding Over After Expiration of Term is a legal document that landlords or property owners file to initiate eviction proceedings against tenants who continue to occupy a rental property after their lease or rental agreement has expired. This type of complaint is applicable when a tenant is unlawfully holding over the property beyond the agreed-upon rental period. 1. Elements of the Phoenix, Arizona Complaint for Unlawful Detained — Tenant Holding Over After Expiration of Term: — Parties Involved: The complaint identifies the landlord or property owner as the plaintiff and the tenant as the defendant. — Lease Expiration: The complaint states the date on which the lease or rental agreement expired, and therefore, the tenant's right to occupy the property ended. — Unauthorized Occupancy: It alleges that the tenant is holding over unlawfully, without permission or valid legal rights, despite the expiration of the lease term. — Demand for Possession: The complaint includes a demand for the tenant to vacate the premises within a specified timeframe, typically within a few days, and surrender possession to the landlord. 2. Additional Types of Phoenix, Arizona Complaint for Unlawful Detained — Tenant Holding Over After Expiration of Term: — Material Breach: If the tenant has breached a significant lease provision, such as failing to pay rent or causing substantial damage to the property, the complaint could include claims of material breach in addition to the unlawful holding over. — Holdover Tenancy: Sometimes, tenants may continue to occupy the property beyond the lease expiration but with the landlord's knowledge and consent, creating a new month-to-month tenancy. In such cases, the complaint may not be applicable. — Specific Notice Requirements: Depending on the type of tenancy and other legal factors, specific notice requirements may apply before filing the complaint. These conditions might include serving a written notice to the tenant to quit the premises due to holding over after lease expiration. It's important to consult with a qualified attorney or legal professional familiar with Phoenix, Arizona's specific laws and regulations on evictions and unlawful detained complaints. They can guide landlords through the necessary steps and ensure compliance with local procedures in order to effectively address tenant holding over situations after the expiration of the term.Phoenix, Arizona Complaint for Unlawful Detained — Tenant Holding Over After Expiration of Term In Phoenix, Arizona, a Complaint for Unlawful Detained — Tenant Holding Over After Expiration of Term is a legal document that landlords or property owners file to initiate eviction proceedings against tenants who continue to occupy a rental property after their lease or rental agreement has expired. This type of complaint is applicable when a tenant is unlawfully holding over the property beyond the agreed-upon rental period. 1. Elements of the Phoenix, Arizona Complaint for Unlawful Detained — Tenant Holding Over After Expiration of Term: — Parties Involved: The complaint identifies the landlord or property owner as the plaintiff and the tenant as the defendant. — Lease Expiration: The complaint states the date on which the lease or rental agreement expired, and therefore, the tenant's right to occupy the property ended. — Unauthorized Occupancy: It alleges that the tenant is holding over unlawfully, without permission or valid legal rights, despite the expiration of the lease term. — Demand for Possession: The complaint includes a demand for the tenant to vacate the premises within a specified timeframe, typically within a few days, and surrender possession to the landlord. 2. Additional Types of Phoenix, Arizona Complaint for Unlawful Detained — Tenant Holding Over After Expiration of Term: — Material Breach: If the tenant has breached a significant lease provision, such as failing to pay rent or causing substantial damage to the property, the complaint could include claims of material breach in addition to the unlawful holding over. — Holdover Tenancy: Sometimes, tenants may continue to occupy the property beyond the lease expiration but with the landlord's knowledge and consent, creating a new month-to-month tenancy. In such cases, the complaint may not be applicable. — Specific Notice Requirements: Depending on the type of tenancy and other legal factors, specific notice requirements may apply before filing the complaint. These conditions might include serving a written notice to the tenant to quit the premises due to holding over after lease expiration. It's important to consult with a qualified attorney or legal professional familiar with Phoenix, Arizona's specific laws and regulations on evictions and unlawful detained complaints. They can guide landlords through the necessary steps and ensure compliance with local procedures in order to effectively address tenant holding over situations after the expiration of the term.
