BlackletterCalifornia law

Code of Civil Procedure § 1159

CHAPTER 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases

Current as of September 28, 2026Code Civ. Proc., § 1159Official source ↗

Amended by Stats. 2018, Ch. 92, Sec. 42. (SB 1289) Effective January 1, 2019.

(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.

(2) Who, after entering peaceably upon real property, turns out by force, threats, or menacing conduct, the party in possession.

(b) For purposes of this section, “party in possession” means any person who hires real property and includes a boarder or lodger, except those persons whose occupancy is described in subdivision (b) of Section 1940 of the Civil Code.