Legal Definitions - entry ad terminum qui praeteriit

Entry ad terminum qui praeteriit is a Latin legal phrase that translates to "entry for the term which has passed" or "entry for the expired term."

This principle refers to a landlord's legal right to re-enter and take possession of their property once a lease or tenancy agreement has officially concluded. It signifies the landlord's inherent authority to reclaim the premises when the tenant's agreed-upon period of occupation has expired, especially if the tenant remains on the property without permission after the lease has run its course.

Here are some examples illustrating this concept:

• Residential Lease Expiry: Imagine a college student who signs a one-year lease for an apartment. When the twelve-month period ends, the student does not move out, nor do they sign a new lease or extension with the landlord. In this scenario, the landlord has the right of entry ad terminum qui praeteriit to legally reclaim possession of the apartment, as the student's agreed-upon term of occupancy has expired.

  This illustrates the term because the landlord's right to re-enter and possess the property arises directly from the expiration of the defined lease term.

• Commercial Property Lease: A small bakery leases a retail storefront for a fixed term of three years. As the three-year mark approaches, the bakery owner decides not to renew the lease but, due to unforeseen circumstances, fails to vacate the premises by the agreed-upon end date. The property owner can then invoke entry ad terminum qui praeteriit to initiate legal steps to regain control of their commercial space, as the bakery's right to occupy has ended.

  This example demonstrates the term in a commercial context, where the landlord's right to reclaim the property is triggered by the conclusion of the specified lease duration.

• Agricultural Land Lease: A farmer leases a specific plot of land from a landowner for a single growing season, which is clearly defined as six months. After the six months have passed, the farmer continues to store farming equipment on the land without the landowner's consent or a new agreement. The landowner's right of entry ad terminum qui praeteriit allows them to legally demand the farmer vacate the land and remove their equipment, as the agreed-upon term for the lease has expired.

  Here, the term applies to land use, showing that the landowner's right to re-enter and control their property is established once the temporary, defined lease period for agricultural use has concluded.