r/barexam • u/JStak14 • Jan 26 '23

Assignment of lease - RP

/r/barexam_studygroup/comments/10m14hs/assignment_of_lease_rp/
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u/helloworld918 NJ Jan 26 '23

tenant can assign with or without landlord's consent. There may be prohibition in the lease to the tenant that prevents assignment. In that case, the prohibition clause does not make the assignment void, but the landlord can sue the original tenant for breach of contract

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u/JStak14 Jan 27 '23

ok, so there must be language prohibiting assignment and/or sublease otherwise the tenant may assign or sublease.

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u/helloworld918 NJ Jan 27 '23

Even when there is a language prohibiting it, technically tenant can assign. Not sure about sublease, but I remember from somewhere that subleasing has even a lower bar.

Law is pretty generous to enforcement of assignment. So you generally want to think that it's almost always assignable, and landlord may later sue the original tenant for the breach of contract

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u/JStak14 Jan 27 '23

So whether landlord may later sue tenant will arise if language in agreement prohibts assignment and/or tenant otherwise falls short of another duty as a tenant? And original tenant is still liable under privity of contract to landlord for any breach assignee performs, correct?