Exclusive Possession
Hey all!
We've been talking to a lot of people about what home means to them, and it's got me thinking about the basics, about what a home means in tenant-landlord law.
One of the most basic building blocks in tenant-landlord law is exclusive possession. It is a concept that means that once a landlord offers a space for rent, a tenant has exclusive possession, and, within the rules of the lease, can do whatever they want within the home (as long as it's legal, of course).
For many people, you love who you love in your home. You cook the food of your heart in your home. You raise your children at home. You feel safe to be yourself in your home. These deeply felt concepts are due to the tenant having exclusive possession.
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Peaceful Enjoyment
Here at the TRC, we rarely get clients that walk in bursting to tell us some good news. (Even though we love to hear it! Let us know if we helped you!) And, we've learned over the years, so very many things can go wrong.
Tenants have a right to exclusive possession in their unit (besides the law and the lease, no one can tell you how to live in your rental home*), and their landlord is supposed to make it so they can peacefully enjoy what happens inside that home, without interference from their surroundings (to the extent that the landlord has control over those things).
We hear a wide range of problems that are, for us, resolvable under peaceful enjoyment, and those run from mundane ("I am an extremely quiet person and my upstairs neighbors walk when I wish they would be silent and still") to extreme ("a neighbor threw a knife through my wall").
But there's a way to do this! There's a method to the madness! There are cases that explain why judges look at these situations the way they do. All this and more, below.
Read moreProblems During Tenancy
If there is one thing we at Tenant Resource Center have learned about renting, it is to expect the unexpected!
There is a wide variety of problems that can occur over the course of your tenancy. Below, you'll find a collection of articles and blog posts about many common issues that tenants and landlords may experience in the midst of a rental agreement.
| Repair Issues | Roommates, Neighbors, & Guests | Changes in Ownership & Occupants |
| Getting Repairs Done | Exclusive Possession | All About Subletting |
| Landlord Entry 101 | Peaceful Enjoyment | Foreclosure |
| Confusion on Landlord Entry | Roommates | Change of Owner |
| Bed Bugs | For Tenants: Unwanted Guests | Rent Increases |
| Mold | For Landlors: Unwanted Guests | Mobile Homes |
| Heating & Winter Cold | Safe Housing Act | Motels |
| Cooling & Summer Heat | For Tenants: Domestic Abuse | |
| For Landlords: Domestic Abuse | ||
| Parking in Madison |
Not seeing the issue you are having above?
Try using the Search feature on our website, or check our other main pages on Your Rights below.
| EVICTION | REPAIRS | SECURITY DEPOSITS |
| ENDING YOUR LEASE | FINDING HOUSING | DISCRIMINATION |
| MOTELS | MOBILE HOMES | APARTMENT SAFETY |
Looking to write a letter or fill out a form?
Check out our Sample Letters page for a complete list of template forms & letters, everything from roommate agreements to repair letters to sublet agreements. Below, you'll find some relevant letters for various problems that can occur during tenancy
| Document & Purpose | Files |
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General Purpose Sample Letter All-purpose sample letter. Can be used for resolving issues between tenant & landlord, tenant to tenant, or roommates. |
Word 📄 |
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Responding to a Verbal Conversation Sample letter to document a verbal conversation. Could be for conversations or agreements between tenants and landlords or between roommates. |
Word 📄 |
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Roommate Agreement Sample mutual agreement between tenants for division of rent, security deposit, utilities, roommate rules, etc. |
PDF 📂 |
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Sublet Agreement Sample mutual agreement between original tenants (sublessors), new tenants (sublessees), and landlord to create a sublet. |
PDF 📂 |
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Peaceful Enjoyment Sample letter from tenant to landlord to inform of issues impacting peaceful enjoyment of the unit (neighboring tenants, noise, smell, etc.) |
Word 📄 |
Still not finding answers to the issue you are facing?
You may want to speak with a Housing Counselor. See our Locations & Services to find one of our offices open near you!
