Statute · California Code of Civil Procedure

Cal. Civ. Proc. Code § 1160 — Summary Proceedings for Obtaining Possession of Real Property in Certain Cases

Cal. Civ. Proc. Code § 1160

Type
Statute
Source
California Code of Civil Procedure
Jurisdiction
California
Date
2019-01-01
Current through
Nov 2, 2026 (California Legislative Counsel)

(a) Every person is guilty of a forcible detainer who either:

Citator

Cal. Civ. Proc. Code § 1160 — Summary Proceedings for Obtaining Possession of Real Property in Certain Cases is in force in the current edition of the Code, and nothing recorded condemns it.

(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.