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1159. (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.
Respond to the eviction case by filing a written response with the court very quickly. This means you're going to participate in the lawsuit and fight the eviction. Talk with your landlord and try to come up with an agreement where you can stay in your home.
The Notice must be in writing and include: The date the tenancy will end ("be terminated") Detailed reason(s) for the eviction. That if the tenant doesn't move out within 90 days the owner may start a court case to evict them and that they can give their side of the story then.
The first step in evicting an unwanted occupant who has ousted the owner/lessor/ or original tenant by means of physical or verbal force is to serve a five day notice to vacate. Once the Notice has expired the Summons, Complaint and Prejudgment Claim of Right to Possession is filed.
Section 1160 - When person guilty of forcible detainer (a) Every person is guilty of a forcible detainer who either: (1) By force, or by menaces and threats of violence, unlawfully holds and keeps the possession of any real property, whether the same was acquired peaceably or otherwise.