assignment and subleases Flashcards
assignments
when there is no reversion retained by the main tenant
sublease
when the original tenant retains any reversionary interest (even if its one day)
subtenant is liable to the landlord
under an assignment
subtenant is not liable to the landlord
sublease
original tenant is liable to the landlord
in both an assignment and sublease
under consent (approval) clauses of residential
landlord may withhold consent from allowing an assignment or sublease arbitrarily
refusal of consent from a landlord cannot be
in bad faith
self-help eviction
landlords cannot evict through locking out tenants, they must go to court for eviction to avoid risks of violence
mitigation of damages
landlords must try to relet the premises after a tenant abandons the property rather than waiting for the damages to accumulate.