Assignment/Sublease (2001)
An assignment occurs when a tenant transfers the complete tenancy in a lease to another party. The original tenant has no right to reoccupy the leased premises under an assignment. A sublease occurs when a tenant leases the premises to another tenant for a period of time less than the complete lease that the original tenant has with the landlord. When the lease is silent as to one or the other, the courts will strictly construe the lease as only prohibiting that which is named in the lease.
Privity of Contract
Privity of Estate
Enforcement of Covenant -- Equitable Servitude (2001)
For the burden to be enforced against A, there must be intent between the original parties, there must be a writing satisfying the Statute of Frauds, notice between the parties, and the covenant must touch and concern the land.
Intent between original parties (2001)
The Board and Artist intended that the covenant be binding.
Statute of Frauds (2001)
As long as there is a written agreement signed by S, the Statute of Frauds is satisfied.
Notice (2001)
In order for a covenant to touch and concern the land, the land must be benefitted in some way.
Implied Warranty of Habitability (2001)
The implied warranty of habitability only applies to premises that are leased for residential purposes.