Also known as: tenants right to possession · tenant right to possession · right to possession · tenant possession
Written by attorneys · grounded in primary & secondary sources — see below
The exclusive right of a tenant under a lease to occupy and control the leased premises to the exclusion of the landlord and others during the lease term.
Tori Taylor signed a one-year lease for a downtown apartment from her landlord. When the landlord entered without notice to show the unit to buyers, Tori invoked her right to exclusive possession and required the landlord to leave immediately. The lease relationship confirmed that only the tenant held the right to control access during the term.
Tara Tran held a life estate in a commercial building with the remainder in a redevelopment authority. After the life tenant died, the authority claimed immediate possession. The authority's future interest ripened only upon termination of the prior estate, confirming that the right to possession had not yet transferred.
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Talia Torres paid the first month's rent and security deposit for a leased storefront. The landlord refused to hand over the keys, claiming ongoing repairs. Talia sued to enforce her right to possession, establishing that the lease transferred that right upon execution and payment.
Tanya Tang and her co-tenant held a joint lease on a warehouse. The co-tenant changed the locks and barred Tanya from entering. Tanya obtained a court order restoring her access, confirming that each tenant's right to possession extended to the entire premises.
Tessa Takahashi rented a home under a month-to-month tenancy. The landlord posted an eviction notice and changed the locks without a court order. Tessa obtained an injunction restoring possession, showing that the tenant's right to possession could be terminated only through proper legal process.
Tobias Thomas leased farmland from its record owner. An adverse claimant asserted ownership and attempted to harvest the crops. Tobias obtained injunctive relief protecting his leasehold, demonstrating that the tenant's right to possession prevailed against third-party interference during the lease term.
No. The right arises upon execution of a valid lease that transfers possession, even if the landlord has not yet delivered the keys or allowed entry.
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Generally no. The tenant holds the exclusive right to possession, so the landlord may enter only with consent or under a lease provision permitting limited access such as for repairs or inspections.
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No. A future interest postpones the right to possession until the prior estate ends, so the current possessor retains exclusive control during the intervening period.
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…in chattels such as the Klimt painting here. The only reason suggested is that the gift of a chattel must include a present right to possession. The application of Brandreth to permit a gift of the remainder in this case, however, is consistent with the distinction, well recognized in the law of gifts as well as in real property…