Code Section

Code of Civil Procedure - CCP

PART 3. OF SPECIAL PROCEEDINGS OF A CIVIL NATURE [1063 - 1822.60]

  ( Part 3 enacted 1872. )
  

TITLE 3. OF SUMMARY PROCEEDINGS [1132 - 1179.15]

  ( Title 3 enacted 1872. )
  

CHAPTER 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases [1159 - 1179a]
  ( Chapter 4 enacted 1872. )

  
1160.  

(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.

(2) Who, in the night-time, or during the absence of the occupant of any lands, unlawfully enters upon real property, and who, after demand made for the surrender thereof, for the period of five days, refuses to surrender the same to such former occupant.

(b) The occupant of real property, within the meaning of this section is one who, within five days preceding such unlawful entry, was in the peaceable and undisturbed possession of such lands.

(Amended by Stats. 2018, Ch. 92, Sec. 43. (SB 1289) Effective January 1, 2019.)