Forced entry can refer to legal or criminal acts. Property owners may have the right to forcibly enter and take back property due to non-payment, while tenants may be forced out if they breach a lease. Legal procedures must be followed, and court hearings may be required. Criminal forced entry involves illegally entering a building with the intent to commit a crime. It is important to consult a lawyer and keep written records of all proceedings.
Forced entry can refer to a criminal act such as a burglary, or it can refer to a property owner’s legal right to forcibly enter and take back the property. The landlord may have this right due to non-payment of a home loan or apartment rental contract, for example. Property laws and agreements vary, so the timeline for correcting a payment default can be different in different places.
For rental properties, the time between a breach of the lease and a landlord’s forced entry and removal of the property could be a few days or several weeks or months. Different laws may also apply to residential and commercial properties. For home loans, the homeowner could receive up to several months to rectify a default, along with the possible option to refinance the home.
Non-payment is not the only case in which a landlord could ask for forced entry. This can also be the case when a landlord or leasing company refuses to renew a lease. If the lease is not renewed, the tenant must vacate the property within a specified time frame.
There are usually legal procedures that must be followed by both the lender and the tenant. For example, the property manager of a rental property or the bank that issued the mortgage must provide written notice of the opening of eviction or foreclosure proceedings. Typically, the landlord must also provide a deadline by which the tenant can move out of the building or pay the full amount owed.
A court hearing is usually required before eviction proceedings can occur. This allows the court to decide who has the legal right to employment. Typically, the tenant will receive a court-issued time frame to vacate the property if needed. If a tenant doesn’t move out by the deadline, that’s when a law enforcement officer can remove the property and change the locks on the dwelling. Following forced entry, the property owner may take further legal action to recover any money still owed.
Legal definitions for criminal forced entry also vary by jurisdiction and applicable laws. Broadly speaking, a criminal act of forced entry involves illegally entering a house or other building or structure. This is usually done with the intent to commit theft or another crime, such as bodily harm to another person. Access to the structure is often achieved by using tools or some other form of force to knock down doors, windows, walls or roofs. It can also be accomplished by breaking locks, using unauthorized keys, or even hiding in a building, then committing a crime.
Anyone involved in a civil or criminal court proceeding involving forced entry should consult a lawyer and clearly understand all related laws and procedures. Mortgage companies and apartment rental companies generally are well versed in forced entry laws. Both parties should always keep written records of all proceedings, in case the legality of any of the actions is challenged.
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