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Legal Definitions - interesse termini

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Definition of interesse termini

Interesse termini is an archaic legal concept that refers to a tenant's right to enter and take possession of a leased property. This right exists during the period after a lease agreement has been formally signed but before the tenant has physically moved in, taken control, or otherwise begun actual occupation of the property.

Essentially, it describes the tenant's legal interest in the property during this preparatory phase. Under older common law, this was considered a "right" or "interest" rather than a full "estate" (a more substantial form of property ownership or right) because physical possession had not yet been established. This distinction was historically important for determining certain legal actions and remedies. If a landlord or any other party prevented the tenant from entering the property on the agreed-upon start date, the tenant could assert their interesse termini to claim their right to possession.

Here are a few examples to illustrate this concept:

  • Imagine Sarah signs a lease agreement on June 1st to rent an apartment, with the lease officially starting and her move-in date set for July 1st. On July 1st, when Sarah arrives with her moving truck, the landlord informs her that they've changed their mind and will not give her the keys, effectively preventing her from entering the apartment.

    How it illustrates the term: Before July 1st, Sarah had an interesse termini. This was her legal right to enter and take possession of the apartment on the agreed-upon start date. When the landlord blocked her entry, they violated this right, even though Sarah had not yet physically occupied the space.

  • A small business owner, David, signs a lease for a new storefront in a bustling commercial district. The lease specifies that he can take possession and begin renovations on September 1st. However, the previous tenant, whose lease ended on August 31st, refuses to vacate the premises, leaving David unable to access his new space on September 1st.

    How it illustrates the term: David, having signed his lease, possessed an interesse termini, which was his right to enter and occupy the storefront on September 1st. The previous tenant's refusal to leave directly interfered with David's exercise of this right, even though David had not yet moved any of his equipment in.

  • Maria signs a lease for a new office space, with the term beginning six months in the future to allow for extensive custom build-out. Before the six months pass and before any work begins, Maria's company merges with another, and the new combined entity decides they no longer need that specific office. Maria's company then legally transfers their entire lease agreement, including the right to take possession, to another business.

    How it illustrates the term: In this scenario, Maria's company held an interesse termini – the right to enter and begin the lease term in the future. They had not yet taken physical possession or started the actual tenancy. The ability to transfer this entire lease agreement, including the future right of entry, demonstrates that the interesse termini itself was a transferable legal interest even before the lease term fully commenced.

Simple Definition

Interesse termini was an archaic legal concept referring to a lessee's right to enter and take possession of leased property, existing before the lessee actually entered. It was considered a mere right or interest, not a full estate in the land, until possession was taken, and has largely been abolished in modern property law.

If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.

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