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Flashcards in The Assignment vs. Sublease Deck (17):
1

What is it called when T transfers his interest in whole? In part?

Assignment

Sublease

2

In the lease, L can prohibit T from assigning or subletting without . . .

Prior written approval.

3

Once L consents to one transfer by T, L waives the right to object to future transfers by T UNLESS . . .

L reserves that right

4

T1 has 10 months remaining on a 2 year term of years. T1 transfers all 10 months to T2. This is a . . .

As a result, L and T2 are . . . (describe relationship)

Assignment

In privity of estate

5

What does privity of estate mean?

Means that two people are liable to each other for all of the covenants in the original lease THAT RUN WITH THE LAND.

6

Under an assignment, L and T2 are not in privity of what? Unless...

Contract

Unless T2 assumed all promises in the original lease.

7

Under an assignment, L1 and T1 are longer in what? They remain in what?

No longer in privity of estate

Remain in privity of contract

8

Describe L1 and T1's liability to one another in an assignment situation?

Secondarily liable

9

L leases BA to T1. T1 assigns to T2. T2 assigns to T3. T3 then engages in flagrant abuse of the premises.

Can L proceed against T3? Explain.

Yes. Privity of estate

10

L leases BA to T1. T1 assigns to T2. T2 assigns to T3. T3 then engages in flagrant abuse of the premises.

Can L proceed against T2? Explain

No. Privity of estate ended when T2 assigned to T3. There was never privity of contract UNLESS T2 assumed all original promises (which is unlikely).

11

Which type of privity exists between a sublessee and the landlord?

None

12

In a sublease situation, which type of privity exists between T1 and L?

Both. Relationship fully in tact.

13

In a sublease situation, is T1 responsible to T2? How about T2 to T1?

Yes and yes.

14

An assignee is in privity of _____ with the landlord.

Estate

15

An assignee is liable for all covenants that . . . .

Run with the land

16

The original tenant (assignor) remains in privity of ______ with the landlord.

Contract

17

Who is liable for the rent reserved in the lease when the assignee abandons the property: the assignee or assignor? Explain

Assignor

Still in privity of k with LL