Key Takeaways

  • Reentry in law refers to the act of a property owner retaking possession of premises, typically after lease violations or defaults.
  • Common law requirements for lawful reentry include proper timing, location, rent amount precision, and demand procedures.
  • Right of reentry is a future interest in property retained by a grantor, often enforceable after a condition subsequent is violated.
  • Reentry and eviction differ: Reentry is a landlord’s self-help remedy under lease terms, while eviction requires court involvement.
  • Judicial preference leans toward court proceedings, especially where peaceable reentry is not possible or prohibited by statute.

Re-entry: The resuming or retaking possession of land which the party lately had.

What Is Reentry in Property Law?

Reentry refers to the legal act by which a landlord or other rightful property owner retakes possession of real estate after the termination of a tenant’s interest, typically due to breach of a lease condition such as nonpayment of rent. The reentry definition in law hinges on the existence of a forfeiture clause in the lease agreement, often referred to as a "right of reentry" or "power of termination."

This right is not automatic—it must be expressly reserved in the lease and exercised according to specific legal procedures. A failure to follow these steps can render the reentry unlawful, potentially leading to liability for wrongful eviction.

Ground rent deeds and leases frequently contain a clause authorizing the landlord to reenter on the non-payment of rent, or the breach of some covenant, when the estate is forfeited. Forfeitures for the non-payment of rent being the most common, will here alone be considered. When such a forfeiture has taken place, the lessor or his assigns have a right to repossess themselves of the demised premises.

Great niceties must be observed in making such reentry. Unless they have been dispensed with by the agreement of the parties, several things are required by law to be previously done by the landlord or reversioner to entitle him to reenter.

  • There must be a demand of rent
  • The demand must be of the precise rent due, for the demand of a penny more or less will avoid the entry. If a part of the rent be paid, a reentry may be made for the part unpaid.
  • It must be made precisely on the day when the rent is due and payable by the lease, to save the forfeiture. As where the lease contains a proviso that if the rent shall be behind and unpaid, for the space of thirty, or any other number of days, it must be made on the thirtieth or last day.
  • It must be made a convenient time before sunset, that the money may be counted and a receipt given, while there is light enough reasonably to do so therefore proof of a demand in the afternoon of the last day, without showing in what part of the afternoon it was made, and that it was towards sunset or late in the afternoon, is not sufficient.
  • It must be made upon the land, and at the most notorious place of it. Therefore, if there be a dwelling house upon the laud, the demand must be made at the front door, though it is not necessary to enter the house, notwithstanding the door be open; if woodland be the subject of the lease, a demand ought to be made at the gate, or some highway leading through the woods as the most notorious.
  • Unless a place is appointed where the rent is payable, in which case a demand must be made at such place for the presumption is the tenant was there to pay it.
  • A demand of the rent must be made in fact, although there should be no person on the land ready to pay it.
  • If after these requisites have been performed by the lessor or reversioner, the tenant neglects or refuses to pay the rent, and no sufficient distress can be found on the premises, then the lessor or reversioner is to reenter. He should then openly declare before the witnesses he may have provided for the purpose, that for the want of a sufficient distress, and because of the non-payment of the rent demanded, mentioning the amount, he reenters and repossesses himself of the premises.

A tender of the rent by the tenant to the lessor, made on the last day, either on or off the premises, will save the forfeiture. It follows as a necessary inference from what has been premised, that a demand made before or after the last day which the lessee has to pay the rent, in order to prevent the forfeiture, or off the land, will not be sufficient to defeat the estate. The forfeiture may be waived by the lessor, in the case of a lease for years, by his acceptance of rent, accruing since the forfeiture, provided he knew of the cause.

A reentry cannot be made for nonpayment of rent if there is any distrainable property on the premises, which may be taken in satisfaction of the rent, and every part of the premises must be searched. The entry may be made by the lessor or reversioner himself, or by attorney; the entry of one joint tenant or tenant in common, enures to the benefit of the whole. After the entry has been made, evidence of it ought to be perpetuated.

Right of Reentry as a Future Interest

In property law, the right of reentry also arises in the context of future interests. When a grantor transfers property under a fee simple subject to condition subsequent, they retain a future interest known as the right of reentry. If the grantee violates the specified condition (such as using the land for an unapproved purpose), the grantor has the legal option—but not obligation—to reclaim the property.

This type of reentry is distinct from lease-based reentry. Here, the estate does not automatically terminate upon breach. Instead, it remains in effect until the grantor exercises the right, usually by providing formal notice or initiating legal action.

Courts of chancery will generally make the lessor account to the lessee for the profits of the estate, during the time of his being in possession; and will compel him, after he has satisfied the rent in arrear, and the costs attending his entry, and detention of the lands, to give up the possession to the lessee, and to pay him the surplus profits of the estate.

Example of Lawful Reentry

Consider a commercial lease that includes a clause allowing the landlord to reenter the premises if rent is unpaid for 15 days. If the tenant fails to pay by the deadline, the landlord must:

  1. Visit the premises on the 15th day before sunset.
  2. Demand the exact unpaid amount at a visible and accessible location (e.g., the front door).
  3. Ensure no distrainable goods are present that could be seized instead of reentering.
  4. Declare the reentry in front of witnesses.

Only after these steps can the landlord lawfully retake possession.

Consequences of Unlawful Reentry

If a landlord attempts reentry without meeting the required legal conditions—such as improper notice, reentry outside the permitted timeframe, or in the presence of distrainable property—it may be deemed an unlawful eviction. Tenants may be entitled to damages or injunctive relief.

Landlords should also be aware of local landlord-tenant statutes, which in some jurisdictions supersede or modify the common law rules regarding reentry. For example, statutory notice periods or court involvement may be mandated even when the lease contains a reentry clause.

Frequently Asked Questions

  1. What is the legal meaning of reentry?
    In law, reentry refers to a landlord or property owner regaining possession of leased premises after a tenant's breach, often for nonpayment of rent.
  2. Is the right of reentry automatic in leases?
    No, it must be explicitly written into the lease. Without such a clause, a landlord must pursue legal eviction through court.
  3. Can a landlord reenter without notice?
    Generally no. Most jurisdictions require advance notice and procedural compliance, including demand of rent and presence on the final day of default.
  4. What happens if a landlord reenters improperly?
    Unlawful reentry may expose the landlord to liability for damages, injunctive relief, or court-ordered return of the premises.
  5. What’s the difference between reentry and eviction?
    Reentry is a landlord’s reclaiming of property per the lease terms; eviction is a legal process involving court orders to remove a tenant.

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