Discharge of rent service

Rent Service

A rent service being something given by way of retribution Discharge to the landlord, for the use and occupation of his property, the landlord demands the rent is founded on the principle that the land in question is enjoyed by the tenant: but if the tenant be by any means deprived of the land demised, his obligation to pay, the rent ceases. This is because it would be unjust that he should be obliged to make a return for that which he does not enjoy. It follows that if the tenant be evicted from the property that he lets, he will thereby be discharged from payment of the rent

In cases of this kind the tenant is, however, liable to the payment of the rent which became due before the eviction; because the obligation continues as long he lets the property. But if the tenant be evicted, by a title paramount before the day pointed for the payment of the rent, such eviction will discharge the tenant from the payment of any part of it.