§ 1160.When Person Guilty of Forcible Detainer

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 1160 defines forcible detainer as unlawfully holding real property through force or threats of violence no matter how it was originally acquired, or as entering at night or during the occupant's absence and then refusing for five days to surrender the property after the recent occupant demands it back.

Full Text of § 1160

Text sizeJump to: (a) (b)

(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.

Plain-English Summary

Forcible detainer punishes holding onto property by intimidation, not just taking it that way. The first branch reaches anyone who uses force, or menaces and threats of violence, to unlawfully hold and keep possession — it does not matter whether that person got in peaceably or violently in the first place.

The second branch targets a sneakier scenario: entering land at night or while the occupant is away, then refusing to leave once the former occupant demands the property back. The refusal has to last five days after that demand before it counts as forcible detainer. Subdivision (b) defines who qualifies as the protected "occupant" — someone who held peaceable, undisturbed possession of the land within the five days right before the unlawful entry.

Read together with § 1159's forcible entry, this section rounds out the two classic common-law wrongs this chapter's summary remedy was built to address. Both differ from the unlawful detainer grounds in § 1161, which involve a tenant who started out with lawful possession and later overstayed or defaulted.

Frequently Asked Questions

Is it forcible detainer if someone got in peaceably but now refuses to leave using threats?

Yes. Section 1160(a)(1) applies whether the property was acquired peaceably or otherwise — what matters is using force, menaces, or threats of violence to keep possession.

What has to happen for a nighttime entry to count as forcible detainer?

The person must enter unlawfully at night or while the occupant is away, and then, after the former occupant demands the property back, refuse to surrender it for five days.

Who counts as the "occupant" who can make that demand?

Someone who was in peaceable and undisturbed possession of the property within the five days immediately before the unlawful entry, under § 1160(b).

How is forcible detainer different from the unlawful detainer grounds in § 1161?

Forcible detainer involves force or threats and does not depend on any landlord-tenant relationship. Section 1161 instead covers a tenant who had lawful possession and stayed on, or defaulted, after proper notice.

Amendment History

Amended by Stats 2018 ch 92 (SB 1289),s 43, 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

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