Forcible detainer eviction 2025

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The Tenant Has Not Paid the Rent The landlord can begin eviction proceedings if a tenant does not pay rent. This is the most common reason for eviction and is also the most straightforward. In most states, the landlord must give the tenant a certain amount of time to catch up on the rent, usually three to five days.
Generally, unlawful detainer is used to remove a tenant from a rental and ejectment is used to remove anyone who is wrongfully occupying property.
The theory behind an FED is that the landlord or owner alleges the tenant has unlawful use and possession of the property. Therefore, the landlord/owner seeks the assistance of the court in removing the tenant from the property.
The Unlawful Detainer (eviction) lawsuit begins when the landlord gives a Notice of Termination to the tenant. The Notice will state the reason for the eviction (e.g., nonpayment of rent, lease violation) and may ask the tenant to fix the problem.
Section 13-40-101 - Forcible entry and detainer defined (1) If any person enters upon or into any lands, tenements, mining claims, or other possessions with force or strong hand or multitude of people, whether any person is actually upon or in the same at the time of such entry, or if any person by threats of violence
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A forcible entry and detainer action is used to remove a person from a property who never had a right to be there. In other words, there was never a landlord-tenant relationship between the person entitled to possession of the property (the landlord) and the intruder/trespasser.
1160. (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.

is forcible entry and detainer an eviction