whether or not the lessee has benefited from it. Thus, if you lease a house from someone and he gives you the key, then the term passes while you neither live in it, lease it out, nor allow anyone to live in it free of charge, the rent remains due from you. This is because he has delivered to you the leased property that was the subject of the contract, and delivery of the leased property is equivalent to delivery of work owed as a debt.
However, if an oppressive party, capable of preventing him from using the property, bars him from it, do we say that the rent is no longer due to the owner of the property? Or do we say that the wrong has fallen upon the benefit for which the lessee entered into the lease?
The answer is the latter: the benefit is lost to the lessee. For example, if someone leases a house from another person, and the latter gives him the key, then an oppressive party overpowers this lessee, forcibly takes the house from him, and occupies it, liability in this case rests upon the lessee of the house. Once the lessee takes possession of the leased property, he acquires the benefit; thus, the wrong has been committed against him, not against the lessor. But if that oppressive party takes control of the leased property before the lessor delivers it, then the loss falls upon the lessor, because the rent has not yet become due; it becomes due only upon delivery of the property.
His statement, “Whoever takes possession of a property under an invalid lease, and the term expires, must pay the customary rent,” means that if a person enters into an invalid lease contract, takes possession of the property, and the term passes, he must pay the customary rent rather than the rent stipulated in the contract. This is because the stipulated rent is invalid, due to the invalidity of the contract. The apparent meaning of the author’s words is that this applies whether the customary rent is less than or greater than the stipulated rent, because once the invalid contract is set aside, everything contingent upon it is likewise set aside.