hard · National Real Estate Exam property-management
A landlord leases retail space to Tenant A under a written lease containing Tenant A's covenant to pay rent. Halfway through the term, Tenant A assigns the entire remaining leasehold to Tenant B, with the landlord's consent but no release of Tenant A. Tenant B later defaults on rent and vacates.
Can the landlord recover the unpaid rent from Tenant A?
- No, because the assignment ended Tenant A's privity of estate with the landlord.
- No, because consenting to the assignment automatically released Tenant A from the lease.
- Yes, because Tenant A remains liable through privity of contract absent a novation.
- Yes, but only if the landlord had refused to consent to the assignment in the first place.
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