Legal Question in Civil Rights Law in California

If I am in an Eviction suit and my landlord enters my apartment without my permission, does it classify as a Forcible detainer?

They entered my apartment without my permission when I was at work, without giving me notice. When I demanded to know why they entered my apartment without my permission, they refused to give me an answer.

Forcible detainer in California Statues state. �Forcible detainer� means unlawfully holding possession of any real property through violence or threats or unlawfully entering any real property at nighttime or during the occupant�s absence and refusing to surrender for 5 days after a demand to do so."

If it isnt forcible detainer, could it be forcible entry?

Also, if it is either one of the above. What do I do? Bring it up as a defense when I file the answer, or sue them separately?

Thank you.


Asked on 5/04/11, 11:41 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

You need to calm yourself as to your anger with your landlord. Clearly the facts you cite fail to fall within the requirements of a forcible detainer -- they did not keep your unit for 5 days. Nor was force used to enter. The entry without giving you reasonable notice is a breach of the landlord tenant laws and would be the basis of a lawsuit against the landlord, but what are your damages from the act? It is not really relevant to the eviction action but you could try and see if the judge will allow you to raise it as a counter-claim against the landlord.

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Answered on 5/04/11, 8:46 pm


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