Black-letter propositions
- 01
A term of years has fixed dates; a periodic tenancy renews until notice; tenancies at will and sufferance use special termination rules.
- 02
The majority English rule requires the landlord to deliver actual possession; the minority American rule requires legal possession only.
- 03
An assignment transfers the entire remaining term and creates privity of estate; a sublease retains a reversion.
- 04
The original tenant remains in privity of contract unless released; an assignee is liable on running lease covenants while in possession.
- 05
Modern landlords generally must mitigate after tenant abandonment.
Use this attack sequence under time
Frame the issue
Classify tenancy and writing requirement.
Resolve the next checkpoint
Determine possession and rent breach.
Resolve the next checkpoint
Compare transferred time with remaining term.
Resolve the next checkpoint
Identify contract and estate privity.
Finish the conclusion
Address consent, surrender, and mitigation.
Common wrong turns
- Labels do not control assignment versus sublease.
- Reassignment can end future estate liability but not separate contract liability.
- A holdover landlord must choose lawful eviction or tenancy treatment.
Worked example
A tenant transfers all eight remaining months but calls the transfer a sublease.
Because no reversion was retained, it is an assignment. The transferee enters privity of estate with the landlord.
Practice this topic
Leases and periodic tenancies
Cornell defines a lease as a contract in which the lessor grants the lessee the right to possess and use property for a specified period in exchange for consideration, typically rent, while the lessor keeps ownership. The rights and obligations are governed by the lease agreement. A periodic tenancy continues for successive periods until the tenant gives notice. It can be created expressly or by implication, such as when payments are made at intervals but the lease does not state a duration.
Termination of a periodic tenancy requires notice at least equal to the length of the period unless the parties agree otherwise.
Assignment and sublease
Cornell says a sublease is a lease by the lessee to a third person of all or part of the estate for a shorter term than the lessee holds. It is a new contract between the lessee, now a sublessor, and the sublessee. There is no privity of contract between the property owner and the sublessee, and the original lessee remains responsible for the lease obligations.
An assignment of a contract is both an assignment of rights and a delegation of duties in the absence of contrary evidence. The owner may forbid subleasing, though some jurisdictions allow it under conditions.
Frequently asked questions
What is the controlling rule for tenancies, possession, rent, assignment, and sublease?+
Lease transfers are classified by whether the entire remaining term passed, which determines privity and liability regardless of labels.
How should I analyze tenancies, possession, rent, assignment, and sublease on the bar exam?+
Classify tenancy and writing requirement. Determine possession and rent breach. Compare transferred time with remaining term. Identify contract and estate privity. Address consent, surrender, and mitigation.
What is a lease?+
A contract granting a party the right to possess and use property for a specified time in exchange for consideration, typically rent, with the lessor retaining ownership.
What is a periodic tenancy?+
A tenancy that continues for successive periods until the tenant gives notice of ending it, created expressly or by implication.
How much notice ends a periodic tenancy?+
Notice at least equal to the length of the period, unless the parties agree to different terms, per Cornell.
What is a sublease?+
A lease by the lessee to a third person for a shorter term than the lessee holds, which is a new contract with no privity to the owner.
Is the original tenant still liable after a sublease?+
Yes. Cornell says the original lessee still has the responsibility to fulfill the lease obligations, even though the sublessee has no privity of contract with the owner.