Legal Definitions - ad terminum qui praeteriit

Ad terminum qui praeteriit is a legal term that describes a specific type of legal action a property owner can take. It refers to a formal request made to a court, historically known as a "writ of entry," which is used to reclaim possession of land or property from a tenant who remains on the premises after their lease agreement has officially ended. This type of tenant is commonly referred to as a "holdover tenant." Essentially, it is a legal mechanism for a landlord to recover property when a tenant's right to occupy it has expired.

• Example 1: Residential Apartment Lease

  Imagine a tenant who signed a one-year lease for an apartment. When the lease term concludes, despite receiving proper notice to vacate, the tenant refuses to move out, claiming they need more time to find a new place. The landlord would initiate an action ad terminum qui praeteriit to legally compel the tenant to leave and regain possession of the apartment.

  This example illustrates the term because the tenant is a holdover tenant—their residential lease term has passed—and the landlord is seeking to recover the property through a specific legal process.

• Example 2: Commercial Office Space

  Consider a small marketing firm that leased office space for a five-year term. When the lease expires, the firm decides not to renew but also does not vacate the premises, continuing to operate its business from the office. The property management company would file an action ad terminum qui praeteriit to legally evict the marketing firm and reclaim the commercial space.

  Here, the marketing firm is a holdover tenant because their commercial lease term has ended, and the property owner is using this legal mechanism to recover the leased property.

• Example 3: Agricultural Land Lease

  A landowner leased a parcel of land to a farmer for three seasons to grow specific crops. After the third season concludes, the farmer harvests the last crop but then begins preparing the land for another planting, refusing to surrender the property back to the owner. The landowner would then pursue an action ad terminum qui praeteriit to legally remove the farmer and regain control of their land.

  This example demonstrates the term as the farmer is a holdover tenant, remaining on the land after their agricultural lease term has passed, and the landowner is seeking legal recourse to recover the property.