Transfer of leaseholds + LL tort liability

Question 1

what is assignment

Answer 1

transfer of the remainder of the lease;

T1 (LL1) can retain part of the remaining lease term if T2 (LL2) breaches terms of original lease

Question 2

what is a sublease

Answer 2

transfer of part of the lease

IOW: when T reserves time in lease for themselves

Question 3

If the tenant retains any part of the remaining lease term, other than a right of reentry for breach of the original lease terms, the transfer is a

Answer 3

sublease

Question 4

what is the relationship btwn the assingee and LL in an assignment

Answer 4

privity of estate

tip to remember: -ee and poE or assingee has lots of vowels and POE ends in a vowel

Question 5

what is privity of estate

Answer 5

just the name of the relationship btwn LL and assignee in an assignment

Question 6

what is the relationship btwn the original T and LL in an assignment

Answer 6

privity of contract

• privity is just another way of saying relationship*
• so POK is a K relationship*

Question 7

a covenant runs with the land if

Answer 7

covenant “touches and concerns” the land

aka benefits the LL and burdens the tenant or vice versa → depends on property interest

Question 8

under assignments, who can LL sue

Answer 8

both assingee and og T

Question 9

under sublease, who can LL sue

Answer 9

the T b/c LL and SL do not have a POE or POK meaning that SL is not personally liable to LL

Question 10

under sublease is there a privity btwn LL and sublessee?

what does this mean?

Answer 10

no

means that SL is not personally liable to LL unless SL expressly assumes the covenants

Question 11

CLAPS

Five exceptions to caveat lessee (let T beware)

iow: what is LL responsible for

Answer 11

LL responsible/liable for:

1. Common areas
2. Latent defects - LL has a duty to warn of hidden defects (no duty to repair)
3. Assumption of repairs - LL liable if s/he makes negligent repairs
4. Public use rule
5. Short-term lease of furnished dwelling

Question 12

what is public use rule

Answer 12

When a LL leases a public space to a T (ie a wedding venue) that T is not liable to repair

T does not have time nor expertise

Question 13

does T have a duty to repair a public space

Answer 13

no

Question 14

what are latent defects

Answer 14

LL is responsible to warn of the hidden defects

defects that T could not have discovered upon reasonable inspection

Question 15

If LL consents to one transfer that goes against a covenant preventing assignment or SL, what does this mean for future transfers?

( Rule in Dumpor’s Case)

Answer 15

If a landlord consents to one transfer that violates a covenant against assignment or sublease, he waives his right to prevent future transfers.

basically, if LL made the exception once, then he has to make it again.

Question 16

When must the LL reserve the right to avoid future transfers?

Answer 16

reservation must take place at the time of granting consent for a transfer

basically, if LL wants to avoid the “made the exception once, then LL has to grant it again”, he has to reserve the right to prevent future/other transfers at the beginning of granting consent for the current transfer