California Code of Civil Procedure 1159 – (a) Every person is guilty of a forcible entry who …
Current as of: 2024 | Check for updates
|
Other versions
(a) Every person is guilty of a forcible entry who either:
(1) By breaking open doors, windows, or other parts of a house, or by any kind of violence or circumstance of terror enters upon or into any real property.
Terms Used In California Code of Civil Procedure 1159
- Person: includes a corporation as well as a natural person. See California Code of Civil Procedure 17
- Property: includes both personal and real property. See California Code of Civil Procedure 17
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(2) Who, after entering peaceably upon real property, turns out by force, threats, or menacing conduct, the party in possession.
(b) For purposes of this section, “party in possession” means any person who hires real property and includes a boarder or lodger, except those persons whose occupancy is described in subdivision (b) of § 1940 of the Civil Code.
(Amended by Stats. 2018, Ch. 92, Sec. 42. (SB 1289) Effective January 1, 2019.)