Multistate Bar Examination (MBE) Practice Exam

A tenant can sue for trespass when there is interference with their right of possession. This situation occurs when a third party or sometimes the landlord unlawfully enters or disrupts the tenant's exclusive use and enjoyment of the property. Trespass is primarily a property tort that protects the rights of possessors against unauthorized intrusions.

In contexts of tenancy, a tenant holds a right to exclude others from the premises, which is a fundamental aspect of property rights. If someone, including the landlord, violates this right, the tenant has grounds to bring a trespass action. In cases of unlawful entries or disturbances, the tenant's legal standing to sue for trespass is clearly established as their possession is being directly affected.

The other options provided are not applicable because they either incorrectly limit the circumstances under which a tenant can sue for trespass or introduce irrelevant conditions that don't pertain to the core principle of the tenant's right against unauthorized entries. For instance, having a written rental agreement is not a prerequisite for a trespass claim, and the necessity of notifying the landlord or timing related to lease termination does not impact the tenant's right to protect their possession through a trespass suit.