Download Landlord's Rights and Remedies against Tenants and Subtenants: A Property Law Case Study and more Exams Property Law in PDF only on Docsity! EXAM#____________ Page 1 of 2 Klein: Property I, Final, F09 PROPERTY LS1 KLEIN FALL 2009 Part II: Essay Questions Time: 90 minutes Essay Question 1 (15 points) Recommended Time: 30 minutes Landlord owns a building which has a commercial space downstairs and a small apartment upstairs. The commercial space is 100 Main St., and the upstairs apartment is 100A Main St. On January 1, 2009, Landlord enters into a two-year lease with Andy for 100 Main St., where Andy plans to run a coffeehouse. Andy promises to pay a flat rent (not based on coffeehouse revenues). On the same day, Landlord enters into a one-year lease with Bette for 100A Main St. Both leases state, “Subleases are prohibited without prior written consent of Landlord.” Six months into her lease, Bette gets a promotion to an out-of-town position. She transfers her remaining interest in 100A Main St. to Connie, but tells Connnie, “I’m not supposed to be doing this, so just send a check to me, and I’ll keep paying my rent. The Landlord never comes around, I’m sure it will go fine.” Bette’s lease with Landlord included a promise by “Tenant not to paint or cause or allow any person to paint the interior of the apartment any color other than white.” Landlord’s lease with Bette also states that “breach of any of these promises entitles Landlord to terminate the lease and re-take possession.” Connie was unaware of these provisions, and painted the apartment hot pink shortly after moving in. Around the same time, Andy was approached by a major national coffee-chain. They are planning to open up a new outlet across the street, at 101 Main St., and they would like to have no competition on that block. They offer to buy out the next year of Andy’s lease at twice what he is paying Landlord, intending to keep the space empty or lease it out to a non-competing business. Andy promptly notifies Landlord of the offer, and Landlord refuses to consent to the transfer, writing back to Andy, “I hereby refuse to consent to your proposed transferee. Independently-owned and -operated coffee shops are important to me, and I do not want that no- good franchise in my building.” Andy, finding the offer of double rent irresistible, makes the transfer anyway. Landlord continues to receive regular rent payments. Three months later, Landlord comes to visit the building, only to find the downstairs space empty and dark, and someone he does not recognize (Connie) living in the upstairs apartment. Please describe Landlord’s rights and remedies against Andy, Bette, and Connie. Answer under common law, as understood modernly. The jurisdiction follows Kendall v. Ernest Pestana. END OF QUESTION I
