Cal. Civ. Code § 89-7-13
Executor or administrator may sue or distrain.
Operative Text
The executor or administrator of a person to whom rent is due and not paid at the time of his death may have an action for all such arrearages against the tenant or tenants who ought to have paid the rent so being behind in the lifetime of their testator or intestate, or against the executors or administrators of such tenants. Every executor or administrator of any person to whom such rent is due and not paid at the time of his death, may distrain for the arrearages of all such rents on the lands which were charged with the payment of such rents, and liable to the distress of the testator or intestate, so long as the same continue in the seizin or possession of the tenant who ought to have paid the rent to the testator or intestate in his lifetime, or in the seizin or possession of any person claiming the lands, only by and from the tenant, by purchase, gift, or descent, in like manner and form as the said executor’s or administrator’s testator or intestate might have done in his lifetime. The executors and administrators for the same distress may lawfully make avowry. History Codes, Hutchinson’s 1848, ch. 56, art. 5 (20); 1857, ch. 41, art. 17; 1871, § 1636; 1880, § 1326; 1892, § 2541; 1906, § 2879; Hemingway’s 1917, § 2377; 1930, § 2181; 1942, § 903.
Mississippi Code § 89-7-13 addresses what happens to unpaid rent when a landlord dies before collecting it. Under this provision, the deceased landlord's executor or administrator inherits the legal authority to pursue overdue rent — either through a lawsuit against the tenant (or the tenant's own estate) or through the common-law remedy of distraint, which involves seizing property on the land to satisfy the debt. The right to distrain applies as long as the land remains in the possession of the original tenant or someone who acquired it from that tenant by purchase, gift, or inheritance.
Plain English — not legal advice.
Property owners and managers should be aware that under Miss. Code Ann. § 89-7-13, unpaid rent does not simply disappear upon a landlord's death — the estate retains enforceable collection rights. Compliant estate administration typically involves identifying any rent arrearages that existed at the time of death and ensuring the executor or administrator is prepared to pursue those amounts through appropriate legal channels. Estates that hold rental property generally document rent ledgers carefully so that any outstanding balances can be substantiated if collection action becomes necessary.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants in Mississippi should understand that § 89-7-13 means a landlord's death does not extinguish an obligation to pay rent that was already overdue during the landlord's lifetime. The executor or administrator of the deceased landlord's estate retains the right to sue for those arrearages or, in some circumstances, to distrain property on the land. Tenants who believe a claimed arrearage is incorrect or who face collection action from a deceased landlord's estate may wish to consult a tenant-rights organization or attorney familiar with Mississippi landlord-tenant law to understand available defenses.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 30, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.