Legal Definitions - forcible entry and detainer

Forcible Entry and Detainer refers to a legal concept with two main components:

• The Wrongful Act: This describes the illegal act of taking possession of someone else's real property (like land or a building) by force, threats, or intimidation, without legal authority. It also includes the act of a person who, after entering a property peacefully, then uses force, threats, or intimidation to remain in possession against the will of the rightful owner or occupant.

• The Legal Remedy: This is a specific, expedited legal procedure that allows a property owner or rightful possessor to quickly regain control of their real estate from someone who has wrongfully taken or is wrongfully holding possession through force or intimidation. This legal action is designed to prevent individuals from resorting to self-help or violence to resolve property disputes, ensuring that such matters are handled through the court system.

Here are some examples to illustrate how "forcible entry and detainer" applies:

• Example 1: Squatters in a Vacant Building
  Imagine a commercial building that has been vacant for several months. A group of individuals breaks the locks, moves their belongings inside, and begins living there without the owner's permission. When the property owner discovers this and attempts to enter, the individuals inside refuse to open the door, threaten to call the police if the owner tries to force entry, and claim they now reside there. This situation involves forcible entry because the individuals took possession by breaking in (using force) and are now engaging in forcible detainer by using threats and refusal to leave, despite having no legal right to occupy the building. The owner would initiate a forcible entry and detainer action to legally remove them.

• Example 2: Illegal Landlord Self-Help Eviction
  A tenant is behind on their rent. Instead of following the legal eviction process, the landlord waits until the tenant is out, then changes the locks, removes the tenant's belongings, and posts a "No Trespassing" sign. When the tenant returns, the landlord confronts them, physically blocking their entry and threatening to call the police if they attempt to re-enter. This is an example of forcible detainer. Even though the landlord owns the property, they do not have the legal right to use force or intimidation to remove a tenant without a court order. The tenant, as the rightful possessor under the lease, could file a forcible entry and detainer action to regain possession of the apartment and potentially seek damages.

• Example 3: Former Owner Refusing to Vacate After Sale
  A homeowner sells their house to a new buyer, with a clear agreement for the former owner to move out by a specific date. However, on the agreed date, the former owner refuses to leave. When the new buyer attempts to take possession, the former owner barricades the doors, makes verbal threats of violence, and prevents the new owner from entering the property. This demonstrates forcible detainer. Although the former homeowner initially occupied the property peacefully and legally, their current actions of using threats and physical barriers to prevent the rightful new owner from taking possession constitute forcible detainer. The new owner would need to pursue a forcible entry and detainer action to legally remove the former homeowner.