Author Question: Arnold Properties, Inc entered into a lease agreement with Janet for a residential house. Janet made ... (Read 189 times)

go.lag · **on:** Jun 24, 2018

Arnold Properties, Inc entered into a lease agreement with Janet for a residential house. Janet made four (4 ) subsequent monthly payments. At the end of the four (4 ) months, Janet learned that she was to be transferred to a new job in another state. Janet approached her landlord and explained her situation. The landlord was unsympathetic and refused to release Janet from her rent. The landlord insisted on enforcement of rental payment for the duration of the lease, which was for one (1 ) year. Janet had not provided for a release in her lease to cover the possibility of a job transfer. Must Janet pay for the remaining eight (8 ) months of rent even if she is not in physical possession of the property?

Question 2

If Joan transfers her entire lease to Jim, a third party, she has ___________ her lease and she __________ for further rent payments and any restrictions in the lease will be construed in favor of the _________.
A) subleased, remains liable, landlord.
B) assigned, remains liable, landlord.
C) assigned, is not liable, tenant.
D) assigned, remains liable, tenant.

nathang24 · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

It is generally held that if a tenant leaves a leased property before the expiration of the lease, the landlord is under no duty to seek to find a new tenant for the premises. The landlord need not mitigate damages by finding a new renter and can insist on payment under the original lease. In a minority of states, the landlord has a duty to make a reasonable effort to rent abandoned property. Residential leases may provide a provision for termination in the event of a stated occurrence, but such provisions are strictly construed against the tenant. The occurrence of a transfer should have been addressed in Janet's lease for her to be able to legally terminate the lease.

Answer to Question 2

D