What is the definition of a forcible detainer?

Definition of forcible detainer; substitution of parties A tenant at will or by sufferance or a tenant from month to month or a lesser period whose tenancy has been terminated retains possession after his tenancy has been terminated or after he receives written demand of possession by the landlord.

When is a person guilty of a forcible entry?

Arizona Forcible Entry and Detainer A.R.S §12-1171. Acts which constitute forcible entry or detainer. A person is guilty of forcible entry and detainer, or of forcible detainer, as the case may be, if he: Makes an entry into any lands, tenements or other real property, except in cases where entry is given by law. Makes such an entry by force.

How long can a tenant refuse to give possession to a forcible entry?

The tenant of a person who has made a forcible entry refuses for five days after written demand to give possession to the person upon whose possession the forcible entry was made.

Can a forcible entry be made by force?

Acts which constitute forcible entry or detainer Makes an entry into any lands, tenements or other real property, except in cases where entry is given by law. Makes such an entry by force.

When to file forcible entry and detainer suit?

(b) If the occupant is a tenant at will or by sufferance, the landlord must give the tenant at least three days’ written notice to vacate before the landlord files a forcible detainer suit unless the parties have contracted for a shorter or longer notice period in a written lease or agreement.

What is forcible entry and detainer in Title 4?

TITLE 4. ACTIONS AND REMEDIES CHAPTER 24. FORCIBLE ENTRY AND DETAINER Sec. 24.001. FORCIBLE ENTRY AND DETAINER. (a) A person commits a forcible entry and detainer if the person enters the real property of another without legal authority or by force and refuses to surrender possession on demand.

Who is a tenant who acquired possession by forcible entry?

(2) is a tenant at will or by sufferance, including an occupant at the time of foreclosure of a lien superior to the tenant’s lease; or (3) is a tenant of a person who acquired possession by forcible entry.