What does it mean to be in forcible detainer?
1 : the forcible entry upon and keeping of real property without authority of law. 2 : the statutory proceeding to regain possession of real property taken through a forcible entry and detainer.
What is a forcible detainer judgment?
1160. (a) Every person is guilty of a forcible detainer who either: (1) By force, or by menaces and threats of violence, unlawfully holds and keeps the possession of any real property, whether the same was acquired peaceably or otherwise.
Is forcible entry and detainer a felony?
Every person guilty of using or procuring, encouraging or assisting another to use any force, or violence in entering upon or detaining any lands or other possessions of another except in the cases and manner allowed by law, is guilty of a misdemeanor.
What is a forcible detainer complaint?
Forcible detainers are usually filed and served when the landlord is alleging that the tenant has stayed in her apartment without her permission. Like a proceeding for unlawful detainer, forcible detainer is a summary proceeding and the tenant must file a responsive pleading within five days after being served.
What does forcible entry?
Primary tabs. Forcible entry means to enter a person’s property by force and against the occupants wishes. It usually involves taking possession of a house, other structure, or land by using physical force or serious threats against the occupants.
Is forcible entry a crime?
Forcible entry is the entry onto another’s land accompanied by force, threat, violence, or other breach of the peace. The crime of forcible entry and detainer, like criminal trespass, is designed to prohibit the use of potentially violent private action in disputes over the rights to possession of property.
What is the difference between forcible detainer and unlawful detainer?
Unlike unlawful detainers, which are perfectly legal and proper when a tenant needs to be removed from a rental unit, a forcible entry and forcible detainer is against the law. This might include changing the locks on the tenant or entering the tenant’s unit and moving the tenant’s personal possessions out of the unit.
How do I remove a forcible entry detainer?
If you have an eviction record on your background, you can petition the court in the county where the case was filed to have the record expunged, or sealed. This typically requires filing a petition with the court and paying a filing…
What are the two types of forcible entry?
There are three basic methods of forcible entry: conventional, through-the-lock and power tools. Having a good working knowledge of each of them is the most important factor.
What is the purpose of forcible entry?
A summary proceeding to recover possession of land that is instituted by one who has been wrongfully ousted from, or deprived of, possession.