Landlords Property Rights
The right to a rent service is real property, and descendible When it goes to the person entitled to the ownership of the lands it is payable, if the landlord intends to take advantage of a condition; yet rent is not due till the last minute of the natural day. In the case of tenants in fee, or under a power, if the landlord dies on the day of payment, but before midnight, the rent will go along with the land to the heir, or the person in remainder or reversion; because the lessee has till the last instant to pay his rent: consequently, the lesser dying before it was completely due, his personal representatives can make no title to it.
But where a lease is made by a bare tenant for life, which determines at his death, there, if the person entitled to the rent lives to the beginning of the day on which it is payable, it will vest in his personal representative. As an example a term of five hundred years was created for securing a rent charge for the life of the landlord. The landlord died at nine o'clock of the night of Christmas day, on which day the rent was payable. The question was, whether the term was void without payment of this quarter's rent; or whether this quarter's rent was outstanding due to the landlord. A Judge was sent in and of the opinion that the rent was due, when by law it ought to be paid, therefore since the landlord lived beyond sunset, which was the time when the money was demanded, and to be paid by the tenant upon pain of forfeiting his lease, the judge ordered the money to be paid to the landlord’s heir.
A rent charge of inheritance is also a real property, descendible to the heir. But from the moment that a payment of it becomes due, that payment is personal property, and will go to the executor or administrator. With respect to the remedies for the recovery of rents, Remedies for there are several sorts, of which some are provided by the law, some by particular statutes, and some by the express agreement of the parties.
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