Also known as: forcible entry · detainer · FED · forcible detainer
Written by attorneys · grounded in primary & secondary sources — see below
A statutory summary proceeding that enables a landlord or property owner to obtain expedited judicial relief for recovery of possession from a tenant or other occupant who remains after the right to occupy has ended.
Fatima Flores leased commercial space to Frontier Capital under a written agreement whose original copy was later destroyed in a fire. When Frontier Capital refused to vacate after the lease term, Fatima filed a forcible entry and detainer action. The court permitted her to prove the lease terms through an unsigned copy and oral testimony, allowing the action to proceed without the original document.
Forrest Falconer purchased a building from a prior owner whose tenant, Foster Forge, remained in possession after the closing date. Forrest initiated a forcible entry and detainer proceeding to regain the premises. The court granted restitution because the company had no remaining right to occupy following the transfer of title.
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Francesca Fowler rented an apartment to Francois Fortier for one year. After the term ended, Francois continued occupying the unit without permission. Francesca filed a forcible entry and detainer action and obtained a judgment ordering the tenant to vacate within five days.
Felicia Fuentes owned a retail storefront leased to Fisher Foods. When the company defaulted on rent and ignored a notice to quit, Felicia brought a forcible entry and detainer suit. The summary proceeding allowed the court to resolve possession without addressing unrelated contract claims.
Fidelity Trust foreclosed on a mortgage and acquired title to a residence occupied by Faith Fitzgerald. The trust filed a forcible entry and detainer action to remove the occupant. The court issued a writ of restitution after confirming that the foreclosure extinguished any possessory rights.
Foster Forge leased warehouse space from Frontier Capital. After proper notice terminated the tenancy, the company stayed in the building. Frontier Capital pursued a forcible entry and detainer action and received a judgment restoring possession within the statutory timeline.
The action supplies landlords with a fast judicial mechanism to regain possession of real property from holdover tenants or other occupants. It replaces self-help evictions and lengthy ejectment suits with an expedited hearing focused on the right to possession.
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The statutory proceeding requires a court order before a landlord may remove an occupant. Self-help methods such as changing locks or removing belongings are prohibited in most jurisdictions to prevent violence and mistaken evictions.
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Many statutes limit the proceeding to the landlord's right to possession and bar affirmative defenses such as breach of the warranty of habitability. Tenants may still contest whether proper notice was given or whether the tenancy has actually terminated.
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The court typically issues a writ of restitution directing law enforcement to remove the occupant and return possession to the landlord. The judgment does not resolve claims for unpaid rent or damages unless the statute expressly permits joinder of those issues.
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…arresting persons out of their jurisdiction shall pay double damages. 3 Edw., I., ch. 35. Another directs that in an action for forcible entry or detainer, the plaintiff shall recover treble damages. 8 Hen. VI, ch. 9, § 6. Present-day federal law allows or mandates imposition of multiple damages for a wide assortment of offenses,…