Home >> Bouvier's Law Dictionary >> Allegiance to And The Manner Of >> Apportionment Landlord and Tenant

Apportionment Landlord and Tenant

rent, money and day


The day of payment depends, in the first instance, upon the contract ; if this is silent in that respect, rent is payable quarterly or half-yearly, according to the custom of the country ; but if there be no usage governing the case, it is not due until the end of the term. Formerly it was payable before, sun set of the day whereon it was to be paid, on the reasonabl6 ground that sufficient light should remain to enable the parties to count the money ; but now it is not considered due until midnight or the last minute of the natural day on which it is made payable; Paul's Ex'rs v. Paul, 36 Pa. 272. This rule, however, may be varied by the custom of dif ferent places ; Co. Litt. 202 a; Smith v. Shep ard, 15 Pick. (Mass.) 147, 25 Am. Dec. 432. Under a lease requiring rent to be paid an nually on a certain day for a year in ad vance, a tenant continuing in possession three months after that day is liable for the year's rent ; Congregational Soc. v. Rix (Vt.) 17 Atl. 719. See FORFEITURE; RE-EN TRY; PAYMENT.

Interest accrues on rent from the time it is due, but cannot be included in a distress; Gaskins v.. Gaskins, 17 S. & R. (Pa.) 390.

When rent is payable in money, it must strictly be paid in legal-tender money ; with respect to foreign coin, the lessor may de cline to receive it except by its true weight and value. Bank-notes constitute part of the currency of the country, and ordinarily pass as money, and are a good tender, unless specially objected to by the creditor at the time of the offer ; Bank of U. S. v. Bank, 10 Wheat. (U. S.) 347, 6 L.. Ed. 334. Pay ment may be made in commodities, when so reserved. If the contract specifies a place of payment, a tender of rent, whether in money or in kind, must be made at that place ; but, if no place is specified, a tender of either on the land will be sufficient to prevent a forfeiture ; 16 Term 222; Living ston v. Miller, 11 N. Y. 80.

Under an income-tax statute, rent is to be treated as identical with land; Pollock v. Trust Co., 158 U. S. 601, 15 Sup. Ct. 912, 39 L. Ed. 1108. An assignment of rent must be in writing under the statute of frauds ; King v. Kaiser, 3 Misc. Rep. 523, 23 N. Y. Supp. 21.