Cal. Civ. Code § 4
Liability of tenant for rent for proportion of land in possession
Operative Text
Section 4. A person in possession of land out of which rent is due shall be liable for the amount or proportion of rent due from the land in his possession although it is only a part of that originally demised.
Mass. Gen. Laws c. 186 § 4 establishes that when a person occupies only a portion of land that was originally leased as a whole, that person is still responsible for the share of rent attributable to the part they actually hold. The rule ties rent liability to physical possession rather than requiring the occupant to have been a party to the original lease. In effect, a landlord can pursue rent from whoever is in possession of a given parcel, even if the original tenancy covered a larger area.
Plain English — not legal advice.
Under Mass. Gen. Laws c. 186 § 4, compliant operators generally identify who is actually in possession of each portion of a demised property when rent goes unpaid, since liability follows possession rather than the original lease agreement alone. Property owners and managers typically document which party holds which portion of the land so that rent claims can be directed to the correct possessor. Keeping clear records of any subdivision of possession, assignments, or subleases helps establish the proportionate rent owed from each occupant.
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 § 4 means that a tenant who occupies only part of originally leased land may be held responsible for the rent corresponding to that portion, even if they were not the original lessee. If a landlord asserts a rent claim under this provision, a tenant can examine whether the proportion of rent being demanded accurately reflects the share of land actually in their possession. Tenants who believe a claimed amount is disproportionate may find it useful to consult a tenant-rights organization or legal aid office familiar with Massachusetts landlord-tenant law for general information about how such disputes are typically handled.
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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