Transfers

Question 1

Transfer by Landlord

Answer 1

L may xfr their interest unless agreement says otherwise. New Onwer is obligated to abide by terms of an existing lease unless its a tenancy at will

Question 2

Transfer by Tenant

Answer 2

T may xfr their interest unless agreement says otherwise. L may enforce agreement if they are privy of contract or privity of estate w the party

Question 3

Transfer by Tenant

Privity of Contract

Answer 3

original T is in privity of contract unless there is a novation

Question 4

Transfer by Tenant

Privity of Estate

Answer 4

if T sublets, they remain in privity of estate w L but SUBT is not in privity of Estate

if T assigns the property THEN SUBT is in privity of E to landlord

Question 5

Transfer by Tenant

Assumption

Answer 5

T subletting a property is in privity of K/Estate if T expressly ASSUMES the oblgiations of original lease

if so, the L can sue the SubT as a third party beneficiary

Question 6

Transfer by Tenant

Restrictions on Transfer

Answer 6

strictly construed against the landlord

Question 7

Transfer by Tenant

Consent

Answer 7

traditionally, L’s consent to transfer can be withheld for any reason.

Modern: if lease rquires permission and T receives permsission, L waives the right to object to future assignments unless landlord expressly reserves the right