If a person is entitled to rent or compensation, whether such person has the reversion or not, then his personal representative or assignee may recover it as provided in § 8.01-130.1, whatever the estate of the person owning it, or though his estate or interest in the land has ended. When the owner of real estate in fee, or holder of a term, yielding him rent dies, the rent due after such owner's or termholder's death shall be recoverable by such owner's heir or devisee or such termholder's personal representative. If the owner or holder alienates or assigns his estate or term, or the rent falls due after such alienation or assignment, the alienee or assignee may recover such rent.
§ 8.01-130.2.Who may recover rent or compensation.
Chapter 3. Actions · Article 13.1. Warrants in Distress · Last amended 2019 · Last verified July 16, 2026
In one sentenceSection 8.01-130.2 lets the personal representative or assignee of anyone entitled to rent recover it, and directs who succeeds to that right when the person owed rent dies, transfers the property, or assigns the rent-producing interest away.
Full Text of § 8.01-130.2
Plain-English Summary
Section 8.01-130.2 answers a question that § 8.01-130.1 leaves open: once someone is entitled to rent or compensation, who besides that person can go collect it? The section says the personal representative or assignee of the person entitled can recover it under § 8.01-130.1, regardless of what estate that person held in the property, and even after their own estate or interest in the land has come to an end.
It then covers what happens on death or transfer. When the owner of the fee, or the holder of a term, who was owed the rent dies, the rent that comes due after death belongs to the fee owner’s heir or devisee, or to the termholder’s personal representative. If instead the owner or holder sells or assigns their interest, or rent falls due after that sale or assignment, the person who bought or received the assignment — the alienee or assignee — is the one entitled to collect it.
Frequently Asked Questions
If a landlord dies, who can sue to collect rent that comes due afterward?
It depends on what the deceased landlord held. If they owned the fee, the rent belongs to their heir or devisee. If they held only a term, it passes to their personal representative, under § 8.01-130.2.
Can a personal representative or assignee collect rent even after their own interest in the land has ended?
Yes. Section 8.01-130.2 allows the personal representative or assignee of a person entitled to rent to recover it whatever the estate or interest of that person, even though that estate or interest has already ended.
What happens to the right to collect rent when a landlord sells the property?
Under § 8.01-130.2, once the owner alienates or assigns their estate or term, the alienee or assignee becomes entitled to recover rent that falls due after the transfer.
Does it matter whether the person suing for rent still holds the reversion?
No. Section 8.01-130.2 says a person entitled to rent may recover it under § 8.01-130.1 whether or not they hold the reversion.
Is this the section that says who owes rent, or who can collect it?
Who can collect it. Section 8.01-130.2 addresses the right to recover rent. Who owes the rent is covered separately in § 8.01-130.3.
Amendment History
Code 1919, § 5520; Code 1950, § 55-228; 2019, c. 712.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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