Forceful Entry and Forceful Detainer

California law strictly prohibits self-help evictions. Under California Code of Civil Procedure § 1159 and § 1160, landlords are strictly forbidden from using force, threats, or lockouts to remove a tenant. Resorting to these illegal tactics constitutes forcible entry and forcible detainer, which opens the landlord up to severe statutory and punitive damages. 

 CCP § §  1159 and 1160, mandates that possession can only be recovered through a legal (unlawful detainer) process. Forcible entry and detainer occur when a landlord breaks into a property, enters via violence/terror, or forcibly removes a tenant, without a legal process, even if the entry was initially peaceful. A Landlord commits forcible detainer by unlawfully keeping possession of real property through force or threats.

This includes using force, menace, or threats of violence to hold possession, even if possession was first obtained peacefully. It also includes entering at night or while the occupant is absent and refusing to surrender possession for five days after demand.

Landlords who violate face significant legal consequences. Including actual, statutory, property, emotional distress and punitive damages.

If you have been subjected to forcible entry or forcible detainer, by your landlord, contact the Law Offices f Ugo O. Asobie. No consultation fees. Forcible entry and forcible detainer cases are handled on contingency.