Written by attorneys · grounded in primary & secondary sources — see below
in property law
Consideration paid, usually periodically, for the use or occupancy of property, especially real property. Payment of rent supports the creation and continuation of a landlord-tenant relationship and determines rights to income from the premises during periods of executory contracts or security interests.
Sources & Authorities
How it applies
Common Examples
6
Equitable Conversion Passes Rents
Robert Rivera contracts to sell land to Rosalind Reed. Before closing, a tenant on the property pays rent to Robert. Under equitable conversion Robert holds title in trust for Rosalind, so the rent belongs to her as the equitable owner during the executory period.
Lawyer Provides Rent Assistance
A lawyer representing an indigent client pro bono through a legal services organization gives the client a modest sum to cover one month's rent. The payment qualifies as an allowed gift for basic living expenses without creating any promise of further support or seeking reimbursement.
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Statutes
Uniform Acts
Model Codes
Common Law
Restatements
Dictionaries
Rowan Russell and Regal Apparel execute a five-year lease for warehouse space. The writing identifies the parties, the premises, the lease duration, and the monthly rent amount, satisfying the statute of frauds requirements for enforceability.
Mortgage Theory Controls Rents
Riverstone Manufacturing grants a mortgage on its factory to Ridgeway Partners. Under the title theory the mortgagee holds legal title and may collect rents directly, while under the lien theory the mortgagor retains title and the mortgagee must enforce through foreclosure to reach the rental stream.
Rent Payment Creates Periodic Tenancy
Roger Ramirez orally agrees to lease an apartment from Renee Rogers for more than one year. Roger takes possession and pays monthly rent that Renee accepts. The arrangement creates a month-to-month periodic tenancy with all lease terms except duration.
Landlord Interference Triggers Abatement
Ricardo Rojas leases a commercial kitchen to Radiant Technologies. The landlord later operates a competing pop-up restaurant during peak hours, blocking the tenant's use of ovens and prep space. The tenant may continue the lease and obtain a proportional abatement of rent for the interference.
Common questions
Frequently Asked
6
What writing elements are required for a lease that falls within the statute of frauds?+
The writing must identify the parties, the premises, the lease duration, the rent amount, and be signed by the party to be charged.
Supporting sources
When does payment of rent convert an invalid lease into a periodic tenancy?+
When possession is taken and rent is paid and accepted under the lease terms, a periodic tenancy arises with all lease terms except duration.
Supporting sources
How do mortgage theories affect a mortgagee's right to collect rents?+
Under title theory the mortgagee holds legal title and may collect rents. Under lien theory the mortgagor retains title and the mortgagee reaches rents through foreclosure or receivership.
Supporting sources
May a lawyer provide funds for a client's rent under pro bono representation?+
Yes, a lawyer may provide modest gifts for rent and other basic living expenses to an indigent client represented pro bono, provided no promise is made before retention and no reimbursement is sought.
Supporting sources
What remedy is available when a paramount title holder partially evicts a tenant?+
The tenant may continue the lease for the remaining space and obtain a proportional abatement of rent reflecting the loss of the evicted portion.
Supporting sources
Does equitable conversion affect who receives rents during the executory period?+
Yes, after contract formation the buyer holds an equitable interest and is entitled to rents from the property while the seller holds legal title in trust.
Supporting sources
326 U.S. 310 (1945)Civil Procedure
…samples, in business buildings, or rent rooms in hotels or business buildings temporarily for that purpose. The cost of such rentals is reimbursed by appellant. The authority of the salesmen is limited to exhibiting their samples and soliciting orders from prospective buyers, at prices and on terms fixed by appellant.…