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MMLU / A landlord owned a three-story home in fee simple and leased it to his friend…

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question

A landlord owned a three-story home in fee simple and leased it to his friend for a term of 10 years. By the terms of the lease, the friend expressly covenanted to pay a monthly rental of 300andtopaythetaxesonthepremisesduringthetermofthelease.Theleasealsostipulatedthatthefriend,aslessee,maynotassignorsubleasethesaidpremises.Thefriendandhisfamilylivedinthehousefortwoyears.Thenthefriend,stillowingthelandlordthreemonthsbackrent,assignedhisleaseholdinterestinthepropertytoaprofessor,whowasunawareoftheprohibitionagainstassignments.Thiswrittenassignmentexpresslyprovidedthattheprofessorwouldpaythelandlordthemonthlyrentalof300 and to pay the taxes on the premises during the term of the lease. The lease also stipulated that the friend, as lessee, may not assign or sublease the said premises. The friend and his family lived in the house for two years. Then the friend, still owing the landlord three months back rent, assigned his leasehold interest in the property to a professor, who was unaware of the prohibition against assignments. This written assignment expressly provided that the professor would pay the landlord the monthly rental of 300, but was silent concerning the payment of taxes. The landlord never objected to this assignment. Six months after the assignment, the landlord conveyed his property interest in the premises to a new owner. After residing in the house for a year, the professor subleased the third floor to a student for a term of two years; the agreement provided that the professor would receive a monthly rental payment of 100.Afterthestudenthadmaderegularrentalpaymentstotheprofessorforthefirstsixmonthsofthesublease,hedefaulted.Thefollowingmonth,theprofessorsentthenewowner100. After the student had made regular rental payments to the professor for the first six months of the sublease, he defaulted. The following month, the professor sent the new owner 200 as payment for rent and notified him that he should collect the remaining 100fromthestudent,whorefusedtovacatethepremises.Inanactionbythenewowneragainstthestudenttorecovertheadditional100 from the student, who refused to vacate the premises. In an action by the new owner against the student to recover the additional 100 for rent due, he will most probably
Plain-text mathematical notation (without MathML)
A landlord owned a three-story home in fee simple and leased it to his friend for a term of 10 years. By the terms of the lease, the friend expressly covenanted to pay a monthly rental of 300andtopaythetaxesonthepremisesduringthetermofthelease.Theleasealsostipulatedthatthefriend,aslessee,maynotassignorsubleasethesaidpremises.Thefriendandhisfamilylivedinthehousefortwoyears.Thenthefriend,stillowingthelandlordthreemonthsbackrent,assignedhisleaseholdinterestinthepropertytoaprofessor,whowasunawareoftheprohibitionagainstassignments.Thiswrittenassignmentexpresslyprovidedthattheprofessorwouldpaythelandlordthemonthlyrentalof300, but was silent concerning the payment of taxes. The landlord never objected to this assignment. Six months after the assignment, the landlord conveyed his property interest in the premises to a new owner. After residing in the house for a year, the professor subleased the third floor to a student for a term of two years; the agreement provided that the professor would receive a monthly rental payment of 100.Afterthestudenthadmaderegularrentalpaymentstotheprofessorforthefirstsixmonthsofthesublease,hedefaulted.Thefollowingmonth,theprofessorsentthenewowner200 as payment for rent and notified him that he should collect the remaining 100fromthestudent,whorefusedtovacatethepremises.Inanactionbythenewowneragainstthestudenttorecovertheadditional100 for rent due, he will most probably
Original LaTeX notation
A landlord owned a three-story home in fee simple and leased it to his friend for a term of 10 years. By the terms of the lease, the friend expressly covenanted to pay a monthly rental of $300 and to pay the taxes on the premises during the term of the lease. The lease also stipulated that the friend, as lessee, may not assign or sublease the said premises. The friend and his family lived in the house for two years. Then the friend, still owing the landlord three months back rent, assigned his leasehold interest in the property to a professor, who was unaware of the prohibition against assignments. This written assignment expressly provided that the professor would pay the landlord the monthly rental of $300, but was silent concerning the payment of taxes. The landlord never objected to this assignment. Six months after the assignment, the landlord conveyed his property interest in the premises to a new owner. After residing in the house for a year, the professor subleased the third floor to a student for a term of two years; the agreement provided that the professor would receive a monthly rental payment of $100. After the student had made regular rental payments to the professor for the first six months of the sublease, he defaulted. The following month, the professor sent the new owner $200 as payment for rent and notified him that he should collect the remaining $100 from the student, who refused to vacate the premises. In an action by the new owner against the student to recover the additional $100 for rent due, he will most probably

choices

  1. recover, because the landlord and sublessee are in privity of estate.
  2. recover, even though he never objected to the sublease.
  3. not recover, because the professor would only be held liable.
  4. not recover, because the professor remains liable.

subject

professional_law

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Source and history

task_id
a99e9ec5-28c9-51e5-ac8e-b3e952525660
task_key
all--test--a99e9ec5-28c9-51e5-ac8e-b3e952525660
task_revision_id
1
config / split
all / test

Official source

initial import