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Landlord-tenant · complete doctrine guide

Tenancies, possession, rent, assignment, and sublease

Lease law starts by classifying exactly what kind of tenancy exists, since that classification decides how the tenancy can be terminated and what notice, if any, is required to end it. A term of years runs between two fixed dates and ends automatically without any notice being required, a periodic tenancy instead renews automatically at the end of each period until either party gives proper notice, and tenancies at will and at sufferance follow their own special, more limited termination rules. On delivery of possession, the majority English rule requires the landlord to actually deliver physical possession free of any earlier tenant, while the minority American rule requires the landlord to deliver only legal possession, leaving the new tenant to evict any holdover tenant itself. Whether a transfer of the leasehold is an assignment or a sublease turns on whether the entire remaining term was transferred, and the original tenant stays liable on the lease unless expressly released even after an assignment.

TESTED STATUSCurrent MBE, MEE where applicable, and NextGen foundational doctrine
01 · COMPLETE FRAMEWORK

Black-letter propositions

  1. 01

    A term of years has fixed dates; a periodic tenancy renews until notice; tenancies at will and sufferance use special termination rules.

  2. 02

    The majority English rule requires the landlord to deliver actual possession; the minority American rule requires legal possession only.

  3. 03

    An assignment transfers the entire remaining term and creates privity of estate; a sublease retains a reversion.

  4. 04

    The original tenant remains in privity of contract unless released; an assignee is liable on running lease covenants while in possession.

  5. 05

    Modern landlords generally must mitigate after tenant abandonment.

02 · ORDER OF ANALYSIS

Use this attack sequence under time

1

Frame the issue

Classify tenancy and writing requirement.

2

Resolve the next checkpoint

Determine possession and rent breach.

3

Resolve the next checkpoint

Compare transferred time with remaining term.

4

Resolve the next checkpoint

Identify contract and estate privity.

5

Finish the conclusion

Address consent, surrender, and mitigation.

03 · DISTINCTIONS THAT CREATE POINTS

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.
04 · WORKED APPLICATION

Worked example

A tenant transfers all eight remaining months but calls the transfer a sublease.

Model analysis

Because no reversion was retained, it is an assignment. The transferee enters privity of estate with the landlord.

05 · CLOSED-BOOK RETRIEVAL

Practice this topic

06 · FROM THE PRIMARY TEXT

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.

07 · FROM THE PRIMARY TEXT

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.

08 · QUICK ANSWERS

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.

SOURCE DESK

Primary sources

Cornell LII Wex: lease↗Cornell LII Wex: periodic tenancy↗Cornell LII Wex: sublease↗Cornell LII Wex: assignment↗

Governing text for tenancies, possession, rent, assignment, and sublease

Uniform property acts (Uniform Law Commission) ↗