Also known as: forcible entry · wrongful detainer · forcible entry and detainer · FED
Written by attorneys · grounded in primary & secondary sources — see below
A summary judicial proceeding that enables a property owner to recover possession of real estate from a person who remains after the right to occupy has terminated. The proceeding determines whether the occupant holds over without legal right and authorizes a court order directing removal. It operates independently of any underlying contract claim and focuses solely on the right to immediate possession.
Frank Fisher receives proper notice terminating his month-to-month tenancy but refuses to vacate the apartment. The landlord files a forcible entry and wrongful detainer action. The court finds the tenancy ended and issues a judgment granting possession to the landlord, allowing the sheriff to remove Fisher.
Frontier Capital purchases property at a nonjudicial foreclosure sale. The former owner remains in the home. Frontier Capital brings a forcible entry and wrongful detainer action. The court grants judgment for possession because the foreclosure transferred title and the occupant has no remaining right to stay.
Faith Fitzgerald stops paying rent on her commercial space. The landlord terminates the lease and files forcible entry and wrongful detainer. The court determines the tenancy ended and awards possession to the landlord without requiring a separate damages trial.
Select any source to read its text and confirm it supports the definition.
Floyd Franklin moves into an abandoned house without permission. The owner discovers the occupancy and files forcible entry and wrongful detainer. The court finds no tenancy existed and orders Franklin removed from the premises.
Fairview Manufacturing acquires title through foreclosure. Former occupants remain on site. Fairview Manufacturing initiates forcible entry and wrongful detainer. The court grants an order of possession because title and the right to occupy have passed to the new owner.
Felipe Figueroa stays in his apartment after the one-year lease ends. The landlord serves notice and files forcible entry and wrongful detainer. The court rules the lease terminated and awards the landlord immediate possession of the unit.
The procedure provides notice and an opportunity to be heard before eviction. Courts have upheld summary eviction statutes against claims that they deny fundamental interests in housing when basic procedural protections exist.
Supporting sources
Yes. The uniform act expressly authorizes an action under the jurisdiction's forcible entry and detainer statute when foreclosure transfers the right of possession. A judicial order is required before any dispossession occurs.
Supporting sources
…the interim loss. As we recognized last Term in Fusari v. Steinberg , 419 U. S. 379, 389 (1975), "the possible length of wrongful deprivation of . . . benefits [also] is an important factor in assessing the impact of official action on the private interests." The Secretary concedes that the delay between a request for…