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What Is a Forcible Entry?

There are many ways in which a person can enter a property. However, such means can be classified as illegal and thus, a criminal act, under certain circumstances. One type of entry is ambiguous enough to be legal and illegal depending on who is entering and who is in possession of the property being entered. This event refers to forcible entry.

Forcible entry can refer to 2 different definitions or instances. The first involves burglary. A person physically forces himself or herself into a property in order to obtain items that are not his or hers to begin with. The second definition or instance can refer to the legal right of an owner to enter his or her own property in order to take it back or repossess it. This is usually done when the owner loses the property due to foreclosure or defaulting on a mortgage payment. This may also occur when the person is leasing the property, and did not pay the rent on time.

When it comes to lease agreements, a person may forcibly enter into the premises he or she was leasing after he or she has defaulted on paying the rent. However, the landlord may remove the property as soon as possible. So the time frame between payment default, forcible entry, and removal of property may be done in a few days. However, homeowners who have defaulted on mortgage payments have up to several months to pay or refinance the home, otherwise their home will be foreclosed by the financial institution holding the mortgage.

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