As experts in the realm of law, many of us are familiar with the concept of possession. But what is peaceable possession – and how is it different from other forms of possession?
At its core, peaceable possession is simply a legal (or equitable) right to the enjoyment or occupancy of property or land. This term is often used in the context of tenant and landlord disputes, and generally affords the occupant of a property the right to peaceful occupation in the absence of a current dispute.
Unlike other types of possession, in which the owner has the right to repossess the property (even against the wishes of the tenant), peaceable possession offers tenants greater security, as it is a sign of ownership.
Modern Examples of Peaceable Possession
The peaceable possession concept is particularly relevant in the modern era as the enforcement of this right is becoming an increasingly popular tool for residential landlord/tenant disputes. In recent years, the courts have become skeptical of landlords who attempt to utilize ‘unjustified eviction’ to remove tenants from their properties.
For example, in 2019, the Washington Supreme Court ruled in favor of tenants who claimed that their landlord was attempting to remove them via a constructive eviction. This particular case was brought to court due to the tenants alleging that their rental unit had become uninhabitable due to a lack of repairs or maintenance.
The court eventually decided in favor of the tenants, holding that they were entitled to continued peaceable possession of the unit. This ruling serves as a reminder that under certain conditions, tenants may be granted a legal right to the continued possession of a property – regardless of ownership status.
Conclusion
In summary, peaceable possession is a type of legal right that offers increased security and protection for tenants against the potential abuses of landlords. This concept is becoming increasingly important in today’s modern legal system, and should be taken into account when considering residential tenancy disputes.