Fill and Sign the Complaint for Unlawful Detainer by Commercial Tenants to Recover Possession Past Due Rent Rental Value of Premises and Form

IN THE _______________ COURT OF ______________ (County), _______________ (State) ______________________ PLAINTIFF (Name of Plaintiff) V. CAUSE NO. 000,0000 ______________________ DEFENDANT (Name of Defendant) COMPLAINT COMES NOW __________________ (Name of Plaintiff) , Plaintiff in the above- styled and numbered cause, by and through his attorneys, and files this his Complaint against Defendant, ____________________ (Name of Defendant) , and in support thereof would show unto the Court the following matters and facts: 1. Plaintiff is an adult resident citizen of ________________________________ __________________________________________________ (street address, city, state, zip code) . 2. Defendant is a corporation organized and existing under the laws of the state of ______________, with its principal office located at ____________________________ _______________________________________________________ (street address, city, state, zip code) . 3. On or about ____________________ (date of lease) , Plaintiff, as Landlord, and Defendant, as Tenant, entered into a written Lease for approximately ___________ (number of square feet) rentable square feet of space located on the 2nd Floor Front (the Premises ) of the building commonly known as _____________________________ __________________________________________________ ( name and address of building) (the Building). A true and correct copy of the Lease is attached as Exhibit A , and is incorporated by this reference. 4. On or before the first day of each calendar month, Defendant is required to pay to Plaintiff Rent, as defined in the Lease. Failure to pay Rent constitutes a default under the Lease. 5. Beginning in or about __________________ (month and year of breach) , Defendant materially breached the Lease, in that he failed and refused, and continue to fail and refuse, to pay Rent presently due and owing under the Lease. 6. On or about __________________ (date of service) , Plaintiff duly and lawfully served Defendant with a Three-Day Notice to Pay Rent or Quit (the Notice to Pay or Quit ) with respect to the Lease The Notice to Pay or Quit required Defendant to pay in full within three days the estimated sum of $___________ or quit possession of the Premises. A true and correct copy of the Notice to Pay or Quit is attached as Exhibit B , and is incorporated by this reference. 7. More than three days have elapsed since service of the Notice to Pay or Quit, and Defendant has failed to tender the amount due under the Notice to Pay or Quit and has also failed to surrender possession of the Premises to Plaintiff. Defendant remains in possession of the Premises without Plaintiff's permission or consent. 8. At all times mentioned, Plaintiff has fully performed its obligations and duties owed under the Lease, except for those obligations and duties that have been excused as a result of Defendant’s conduct. 9. The reasonable rental value of the Premises has not yet been ascertained with certainty and Plaintiff will seek leave to amend this Complaint to state that amount when the same has been ascertained. Plaintiff, however, alleges on information and belief that this amount will be in excess of $______________ per day, from and including __________________ (starting date) , and will continue to accrue so long as Defendant wrongfully and unlawfully remains in possession of the Premises. 10. Section _______________ (number of section) of the Lease provides that the prevailing party to any litigation regarding the Lease shall be awarded its costs and expenses, including reasonable attorney's fees. Plaintiff has retained the law firm of _____________________ (name of law firm) to protect its rights under the Lease. Plaintiff has been compelled to commence litigation for recovery of possession of the Premises and, as a result of which, Plaintiff has incurred as yet unascertained costs and attorney's fees. Plaintiff will amend this Complaint when those amounts are ascertained. WHEREFORE, Plaintiff requests judgment for: 1. The immediate restitution and possession of the Premises that Defendant still occupies; 2. An order that the Lease is forfeited; 3. The rent and other charges now due, owing and unpaid under the Lease; 4. Damages according to proof, but in no case less than $______________ (dollar amount of daily rental value) per day from and including ____________________ (starting date) , and for each day Defendant continues in possession of the Premises; 5. Costs of suit; 6. Attorney's fees according to proof; 7. Such other and further relief as this Court deems just and proper. Respectfully submitted, _________________________ (Name of Plaintiff) By: _______________________________ (Name of Plaintiff’s Attorney) State Bar No. _____________ His Attorney OF COUNSEL: ______________________ (Name of Plaintiff’s Attorney) Post Office Box ________-_________ ________________________________ City, State, Zip Code Telephone: _______-______-_________