file:cvpro_part_3_table8.htm
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DIFFERENCES BETWEEN FORCIBLE ENTRY AND
UNLAWFUL DETAINER
|
|
FORCIBLE ENTRY |
UNLAWFUL DETAINER |
|
1. Nature of defendant’s possession |
Unlawful from the beginning |
Initially lawful, then it becomes unlawful |
|
2. Demand to vacate |
No need |
There is a need |
|
3. Proof of prior possession |
Plaintiff must prove it |
Not necessary for plaintiff to prove it |
|
4. From what point is the one (1) year period to file action counted |
From forcible entry |
From demand to vacate |