Cal. Civ. Code § 8
Recovery of rent accruing before determination of lease
Operative Text
Section 8. If land is held by lease of a person having an estate therein determinable on a life or on a contingency, and such estate determines before the end of a period for which rent is payable, or if an estate created by a written lease or an estate at will is determined before the end of such period by surrender, either express or by operation of law, by notice to quit for non-payment of rent, or by the death of any party, the landlord or his executor or administrator may recover in contract, a proportional part of such rent according to the portion of the last period for which such rent was accruing which had expired at such determination.
Massachusetts General Laws c. 186, Section 8 addresses what happens to rent when a lease ends partway through a rent-payment period. When a tenancy terminates early—whether because an underlying life estate or contingent estate ends, because the lease is surrendered, because a notice to quit for non-payment is served, or because a party dies—the landlord is not simply cut off from all rent for that period. Instead, the law allows recovery of a proportional share of the rent corresponding to the fraction of the payment period that had already elapsed before the tenancy ended.
Plain English — not legal advice.
Under Mass. Gen. Laws c. 186, Section 8, operators whose tenancies end mid-period through surrender, a notice to quit for non-payment, or the death of a party generally retain the ability to pursue a prorated rent claim in contract for the days already elapsed. Compliant operators typically document the exact date of termination and the applicable rent period so that the proportional calculation can be clearly supported. Estates of deceased landlords should be aware that the statute expressly extends this recovery right to executors and administrators.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mass. Gen. Laws c. 186, Section 8 means that even when a tenancy ends before a full rent period is up, a landlord may still have a legal basis to seek payment for the days the tenancy was actually in effect. Tenants who believe a prorated rent claim has been calculated incorrectly or applied in a situation not covered by this provision may raise that issue as a defense in a contract action. Tenant-rights organizations and local rent boards can help tenants understand how this provision interacts with other protections that may apply to their tenancy.
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 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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