§ 1159.When Person Guilty of Forcible Entry

Title 3. Of Summary Proceedings · Chapter 4. Summary Proceedings for Obtaining Possession of Real Property in Certain Cases · Last amended 2019 · Last verified July 29, 2026

In one sentenceSection 1159 defines forcible entry as breaking into real property with violence or the threat of it, or as entering peaceably and then using force, threats, or menacing conduct to push out whoever is already in possession, including a boarder or lodger who is not otherwise excluded under Civil Code § 1940(b).

Full Text of § 1159

Text sizeJump to: (a) (b)

(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.

Plain-English Summary

Forcible entry covers two very different ways of taking over property. The first is the obvious one: breaking down doors or windows, or using violence or terror to get inside. The second is subtler but just as forbidden — entering without any fuss, then turning around and forcing out the person who was already there through force, threats, or menacing behavior.

The section's definition of "party in possession" matters because it reaches beyond formal tenants. Anyone who hires real property counts, including a boarder or lodger, with one carve-out: people whose occupancy falls under Civil Code § 1940(b) are excluded from that protection.

Section 1159 works together with § 1160's forcible detainer and the unlawful detainer grounds in § 1161. Forcible entry and forcible detainer are about how someone took or kept possession by force; § 1161 is about staying in possession after a landlord follows the proper notice steps. The remedies and procedures for both run through the rest of this chapter, including § 1172's proof requirements at trial.

Frequently Asked Questions

What makes an entry onto real property a forcible entry under California law?

Either breaking in with violence — doors, windows, or any kind of violence or terror — or entering peaceably and then using force, threats, or menacing conduct to push out the person already in possession.

Does a landlord who peaceably lets themselves in commit forcible entry?

Not by entering alone. Section 1159 is triggered when someone who entered peaceably then uses force, threats, or menacing conduct to remove the party already in possession.

Are boarders and lodgers protected under this section?

Yes, with one exception. "Party in possession" includes any person who hires real property, including boarders and lodgers, except those whose occupancy is described in Civil Code § 1940(b).

How does forcible entry differ from forcible detainer under § 1160?

Forcible entry is about the manner of getting onto the property. Forcible detainer, defined in § 1160, is about using force or threats to keep possession once there, regardless of how the person first got in.

Amendment History

Amended by Stats 2018 ch 92 (SB 1289),s 42, eff. 1/1/2019.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 29, 2026. · Official source

Also known as: forcible entry california definitioncalifornia landlord self-help eviction illegal