42-5. Rent apportioned, where lease terminated by death.
If a lease of land, in which rent is reserved, payable at the end of the year or other certain period of time, is determined by the death of any person during one of the periods in which the rent was growing due, the lessor or his personal representative may recover a part of the rent which becomes due after the death, proportionate to the part of the period elapsed before the death, subject to all just allowances; and if any security was given for such rent it shall be apportioned in like manner. (1868-9, c. 156, s. 6; Code, s. 1747; Rev., s. 1987; C.S., s. 2345.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 42 - Landlord and Tenant
Article 1 - General Provisions.
§ 42-1 - Lessor and lessee not partners.
§ 42-2 - Attornment unnecessary on conveyance of reversions, etc.
§ 42-3 - Term forfeited for nonpayment of rent.
§ 42-4 - Recovery for use and occupation.
§ 42-5 - Rent apportioned, where lease terminated by death.
§ 42-6 - Rents, annuities, etc., apportioned, where right to payment terminated by death.
§ 42-7 - In lieu of emblements, farm lessee holds out year, with rents apportioned.
§ 42-8 - Grantees of reversion and assigns of lease have reciprocal rights under covenants.
§ 42-9 - Agreement to rebuild, how construed in case of fire.
§ 42-10 - Tenant not liable for accidental damage.
§ 42-11 - Willful destruction by tenant misdemeanor.
§ 42-12 - Lessee may surrender, where building destroyed or damaged.
§ 42-13 - Wrongful surrender to other than landlord misdemeanor.
§ 42-14 - Notice to quit in certain tenancies.
§ 42-14.2 - Death, illness, or conviction of certain crimes not a material fact.
§ 42-14.3 - Notice of conversion of manufactured home communities.
§ 42-14.4 - Notice to State Bar of attorney default on lease.
§ 42-14.5 - Foreseeability not created by criminal record; no duty to screen.