Forcible Entry and Detainer (FED) refers to a legal process used by landlords to regain possession of a property when a tenant refuses to leave after their lease has expired or been terminated. It typically involves a court proceeding where the landlord demonstrates their right to reclaim the property, and if successful, a judgment is issued allowing law enforcement to remove the tenant if necessary. This process is often used in eviction cases and varies by jurisdiction in terms of specific procedures and regulations.
Not if they live together it isn't forceable entry.
Forcible entry detainer refers to a legal action taken by a property owner or landlord to regain possession of a property when a tenant or occupant refuses to leave. This process typically involves filing a lawsuit in a court to obtain an eviction order. The term emphasizes the use of legal means to remove someone from a property rather than physical force. It is often part of eviction proceedings in landlord-tenant disputes.
The question is not clear as to who is asking it. The landlord, or the tenant? Following is a complete definition of the offense. Read it over and draw your own conclusions. A Forcible Entry and Detainer is an action that a landlord, or new property owner can take if the existing occupant refuses to leave after appropriate notice. This occupant could be either a tenant or original owner of property that was sold at a foreclosure or trustee's sale. The laws governing forcible entry and detainer actions are different if the property is residential or non-residential. The tenant/occupant must receive a written demand to vacate the property. The term of the period to vacate is dictated by the type of occupancy - whether commercial or residential and whether a tenant or a owner that was foreclosed on. This term normally is either 5 or 7 days, unless the contract states otherwise. After the 5-7 days expire and the tenant/occupant still refuse to leave then a complaint for a forcible detainer action can be filed. The statutes provide for a short notice period before a court hearing. The sole issue at the court hearing is whether or not the tenant/occupant has the right to possession. If they do not then they will be found guilty of a forcible entry and detainer.
Forcible detainer is not classified as a crime in California. It is a civil matter related to the unlawful possession or occupation of property. It involves a legal process to regain possession of property from someone unlawfully occupying it.
Example sentence - The officer placed the crook under arrest for forcible entry into the building.
The doorway shows evidence of forcible entry.
burglary
Forcible entry into a burning building
Forcible entry into a burning building
Breaking and entering is a felony.
Forcible entry (into a structure, vehicle, boat, railcar) is used when there is an emergency inside and they can't wait for someone with the keys to open it. Another sort of forcible entry involves creating an entirely new means for getting inside something, such as punching a hole in a wall to get into a building.
Forcible entry into a burning building