Cal. Civ. Code § 70-27-102

Forcible Entry Defined

In Force
Verified 10/22/2026 · Next check 11/21/2026
effective 10/22/2026MontanaLockouts & Self-Help

Operative Text

Cal. Civ. Code § 70-27-102
Every person is guilty of a forcible entry who either:
(1) by breaking open doors, windows, or other parts of a house or by any kind of violence or circumstance of terror enters upon or into any real property or mining claim; or
(2) after entering peaceably upon real property or mining claim, turns out by force, threats, or menacing conduct the party in possession.
Source: Legislative text reproduced verbatim
Plain English

Montana Code § 70-27-102 defines two forms of forcible entry under state law. The first occurs when someone physically breaks into a structure—through doors, windows, or other means—or uses violence or intimidating circumstances to gain access to real property or a mining claim. The second form occurs when someone who initially entered a property peacefully then uses force, threats, or menacing behavior to drive out whoever is lawfully in possession.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 22, 2026

Plain English — not legal advice.

For Property Managers

Under Mont. Code Ann. § 70-27-102, a landlord who uses physical force, breaks into a unit, or employs threats or intimidating conduct to remove a tenant from possession may be found to have committed a forcible entry. Compliant property operators rely exclusively on court-supervised eviction processes rather than self-help measures to regain possession of a rental unit. Keeping records of all communications and following lawful eviction procedures are practices generally associated with operating within the bounds of this provision.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Mont. Code Ann. § 70-27-102 provides a legal definition that may be relevant if a landlord or other party has used force, broken into your home, or used threats to push you out of a property you occupy. This definition can serve as a basis for legal action or as a defense in related proceedings. Tenant-rights organizations and local legal aid offices can help explain how this provision may apply to a given situation, and what remedies or complaint pathways may be available under Montana law.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 22, 2026
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References Out

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

Mont. Code Ann. § 70-27-103
Mont. Code Ann. § 70-27-111
Mont. Code Ann. § 70-27-205

Related Rules

§ 27
Jurisdiction of courts to restrain violation of Secs. 23 to 26; applicability of other laws to requests to change locks
§ 18
Entry into land; legal proceedings required to recover possession of land or tenements; jurisdiction
§ 5-3-12-1
LOCKOUTS PROHIBITED

Source Information