forcibleentry

Forcible entry is the act of entering a property by force, threat, or intimidation without the lawful right or consent of the owner or occupant. In legal usage, the term can refer to a criminal offense of unlawful entry with force, or to a civil action used by a landlord or property owner to regain possession after a tenancy ends.

The specific elements of forcible entry vary by jurisdiction, but generally include entry without permission, accomplished by force or threat, or entry with the intent to commit a crime. Some laws require that the entry be purposeful and knowing, rather than accidental.

In criminal law, forcible entry is related to offenses such as break and enter, burglary, or home invasion, depending on local statutes. Some systems treat forcible entry as a distinct offense, while others classify it under broader categories that involve unlawful entry with force.

In civil contexts, forcible entry and detainer or similar actions enable a property owner, landlord, or lender to regain possession of premises after a tenancy or secured loan ends. These actions typically require a court order and, if necessary, enforcement by law enforcement through a writ of possession, with protections for due process.

Safeguards and limitations govern forcible entry to prevent abuse. These include proportional use of force, adherence to due process, and strict procedural requirements. Defenses may include lack of intent to commit a crime, lawful consent, or emergency circumstances.

See also

- break and enter

- trespass

- burglary

- eviction

- writ of possession

- search warrant

- home invasion