assignment and subleases Flashcards

1
Q

assignments

A

when there is no reversion retained by the main tenant

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2
Q

sublease

A

when the original tenant retains any reversionary interest (even if its one day)

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3
Q

subtenant is liable to the landlord

A

under an assignment

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4
Q

subtenant is not liable to the landlord

A

sublease

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5
Q

original tenant is liable to the landlord

A

in both an assignment and sublease

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6
Q

under consent (approval) clauses of residential

A

landlord may withhold consent from allowing an assignment or sublease arbitrarily

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7
Q

refusal of consent from a landlord cannot be

A

in bad faith

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8
Q

self-help eviction

A

landlords cannot evict through locking out tenants, they must go to court for eviction to avoid risks of violence

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9
Q

mitigation of damages

A

landlords must try to relet the premises after a tenant abandons the property rather than waiting for the damages to accumulate.

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