Assignment and Sublease

Question 1

• Assignment –

Answer 1

transfer entirety of lease

o Can still have right of reentry

Question 2

• Sublease –

Answer 2

transfer less than entirety of lease
o Can still have right of reentry
o Covenant to surrender possession to original tenant at the end of the sub tenant’s term

Question 3

• Privity of estate and implied covenant of rent –

Answer 3

LL has cause of action against assignee but not sublessee

o Privity of estate: present estate/future interest relationship

Question 4

• Jaber v. Miller – AR (1951)

Answer 4

o F: O to Jaber for 5 years w/ fire clause; 4 years in, Jaber to Norber (w/ condition subsequent reserving right to terminate); Norber to Miller (P here) with no fire clause; building burns down while P in possession; D still charges for promissory notes
 P argues that sublease ends when original lease ends and argues that the notes are rent (would go away if sublease)
o Case is important because it looks to the intent of the parties (minority view) in determining if assignment or subleaseContract between J and N was “Contract and Assignment”
o Here, said assignment – Ct. follows
 Under assignment, promissory notes were just the purchase price
 Assignment implies lease is fully transferred so P gets no relief
 Assignment occurred when he took the interest; all of the promissory notes immediately become due

Question 5

Tenancies and Licensing:

Answer 5

• License to occupy; revocable for any reason generally (think hotel)
• Periodic tenancy – operates that the lease can be renewed or terminated with the passage of designated period of time
o Most common – month to month; don’t have the security or the drawbacks of the year-long lease
o Generally either party can terminate with one unit of notice
o “self-renewing” lease

Question 6

•Tenancy at will –

Answer 6

just a form of license; either party can terminate the tenancy at any time
o Normally with the license, it’s the landowner alone who can terminate the relationship

Question 7

•Tenancy at sufferance –

Answer 7

when the tenant doesn’t leave after the term of the lease expires
o Legal status of the party on the premises after the lease expires – trespasser
o Could give landlord right to renew the lease; or treat as tenant at sufferance and can be charged double/triple the normal rent