Cal. Civ. Code § 222
When rent is apportionable
Operative Text
§ 222. When rent is apportionable. Where a tenant for life, who shall have demised the real property, dies before the first rent day, or between two rent days, his executor or administrator may recover the proportion of rent which accrued to him before his death.
Under N.Y. Real Prop. Law § 222, when a life tenant who has leased out real property dies either before the first rent payment is due or between two scheduled rent days, the rent that built up during the period the life tenant was alive does not simply disappear. Instead, that proportional share of rent—covering only the time up to the life tenant's death—passes to the life tenant's estate and may be collected by the executor or administrator. The rule establishes that rent accrues on a time-proportional basis rather than being treated as an all-or-nothing payment tied to a specific due date.
Plain English — not legal advice.
Property owners or managers dealing with a tenancy that originated from a life estate should be aware that N.Y. Real Prop. Law § 222 governs how rent obligations are allocated when a life tenant-landlord dies mid-period. A compliant operator generally keeps clear records of rent accrual periods and payment schedules, since the executor or administrator of the deceased life tenant's estate holds a valid claim to the proportional rent earned before death. Operators who receive rent demands from an estate representative in this context typically verify the accrual calculation against the lease terms and the date of death before remitting any funds.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under N.Y. Real Prop. Law § 222, a tenant who was renting from a life tenant may find that, after the life tenant's death, the right to collect accrued rent shifts to the life tenant's executor or administrator rather than to whoever takes over the property going forward. This means a tenant could potentially face a claim from the estate for rent that accrued up to the date of death, separate from any obligations owed to a successor property holder. Tenants navigating this situation may benefit from reviewing their lease terms, documenting all payments made, and consulting a tenant-rights organization or attorney familiar with estate and landlord-tenant matters in New York.
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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