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De facto refers to physical custody of property, whereas de jure refers to legal possession of an immovable item independent of physical possession.
We distinguish a dismissal with prejudice from a dismissal without prejudice. The former disallows and bars the refiling of the complaint; whereas, the same cannot be said of a dismissal without prejudice. Likewise, where the law permits, a dismissal with prejudice is subject to the right of appeal.
In forcible entry, one is deprived of physical possession of any land or building by means of force, intimidation, threat, strategy, or stealth.31 [W]here the defendants possession of the property is illegal ab initio, the summary action for forcible entry (detentacion) is the remedy to recover possession.
FORCIBLE ENTRY AND DETAINER (Eviction Process): STEP 1 - A 30 Day Notice to Vacate must be served on the person(s) to be evicted. It can be served by the Sheriff or private process server. The local Sheriffs Office has the forms available or they can be obtained online.
If qualified, take note that you have to follow these steps: Allow the tenant the chance to cure the default and give him or her proper notice regarding this. Send a written notice to vacate. Provide the tenant time to respond to the eviction notice, especially if this is detailed in the lease. File action.
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Section 1, Rule 70 of the Rules of Court requires that in actions for forcible entry, the plaintiff is deprived of the possession of any land or building by force, intimidation, threat, strategy, or stealth and that the action is filed any time within one year from the time of such unlawful deprivation of possession.
An ejectment complaint is a legal remedy, allowed by existing rules, to recover the physical possession of the real property, which is being withheld or unlawfully detained or is being taken through the use of force, intimidation, threat, strategy, or stealth.

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