An action for forcible entry or forcible detainer, or both, is a summary proceeding similar to an unlawful detainer (UD) action, and may be brought by either a landlord or a tenant, depending on the circumstances. Forcible entry and forcible detainer are prohibited by statute. [See CCP §§1159, 1160.] The remedy for either is a summary action for possession. [See CCP §1174(a); Jordan v Talbot (1961) 55 C2d 597, 601.]
- Forcible entry. “Forcible entry” means unlawfully breaking into any real property or unlawfully dispossessing someone of real property by violence or threats. [See CCP §1159.] Examples include (1) a vagrant’s breaking in to and “squatting” in a vacant house or apartment unit and (2) a landlord’s carrying out a self-help eviction by changing the locks on an occupied rental unit without going through the legal process.
- Forcible detainer. “Forcible detainer” means unlawfully holding possession of any real property through violence or threats or unlawfully entering any real property at nighttime or during the occupant’s absence and refusing to surrender for 5 days after a demand to do so. [See CCP §1160.] Examples include (1) the above-mentioned squatter’s refusal to surrender possession of the property after a demand to do so and (2) a landlord’s refusal to return possession of a rental unit to a tenant on demand after changing the locks without going through legal process.
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