Cal. Civ. Code § 9-217
Rent recoverable by representative, from subtenant. When a tenant for life demises any lands and dies on or after the day when any rent becomes due and payable, his or her executor or administrator may recover from the subtenant the whole rent due, but if such tenant for life dies, before the day when any rent is to become due, his or her executor or administrator may recover the proportion of rent which accrued before his or her death, and the remainder man shall recover for the residue
Operative Text
Rent recoverable by representative, from subtenant. When a tenant for life demises any lands and dies on or after the day when any rent becomes due and payable, his or her executor or administrator may recover from the subtenant the whole rent due, but if such tenant for life dies, before the day when any rent is to become due, his or her executor or administrator may recover the proportion of rent which accrued before his or her death, and the remainder man shall recover for the residue.
Under 735 Ill. Comp. Stat. 5 § 9-217, when a life tenant (someone who holds property only for the duration of their life) has sublet land and then dies, the rule determines how unpaid rent is divided between the life tenant's estate and the person who inherits the property next. If the life tenant dies on or after a rent due date, the estate may collect the full rent owed for that period. If the life tenant dies before a rent due date arrives, the estate may collect only the portion of rent that built up before the death, while the remainderman — the person who takes the property after the life tenancy ends — may collect the rest.
Plain English — not legal advice.
Property managers or owners administering an estate that includes a life tenancy should be aware that 735 Ill. Comp. Stat. 5 § 9-217 governs how rent from subtenants is allocated when a life tenant dies. Executors and administrators of such estates typically document the exact date of the life tenant's death relative to scheduled rent due dates, since that timing determines whether the estate can claim the full rent or only a prorated share. Coordinating with the remainderman early in the process helps ensure that each party pursues only the portion of rent to which they are entitled under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Subtenants renting from a life tenant should understand that under 735 Ill. Comp. Stat. 5 § 9-217, the death of a life tenant does not extinguish rent obligations — it simply shifts who has the right to collect. Depending on when the life tenant died relative to the rent due date, a subtenant may owe rent to the estate's executor or administrator, to the remainderman, or to both for different portions of the same rental period. Subtenants who receive conflicting payment demands from multiple parties may benefit from consulting a tenant-rights organization or legal aid resource familiar with Illinois property law to understand their obligations under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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