Which arrangement involves a partial transfer of the remaining term and typically does not create privity of estate liability for the landlord?

Which arrangement involves a partial transfer of the remaining term and typically does not create privity of estate liability for the landlord?

• A. Assignment (Prop)
• B. Sublease (Prop)
• C. Eviction (Prop)
• D. Warranty of Habitability (Prop)

Answer: (B)

Partial transfer of the remaining term is a sublease. In a sublease, the original tenant still holds the master lease and retains the remaining term, but grants possession to a subtenant for part of that term. Because the landlord’s privity of estate ties to the master lease with the original tenant, a subtenant does not enter into privity of estate with the landlord. That means the landlord typically doesn’t incur privity of estate liability to the subtenant; the subtenant owes obligations to the sublessor under the sublease, not to the landlord. The landlord’s rights and remedies continue primarily against the original tenant under the master lease. This distinguishes it from an assignment, which transfers the entire remaining term to a new tenant and creates privity of estate (and often privity of contract) between the landlord and the new tenant, potentially releasing the original tenant. Eviction is a remedy, not an arrangement, and a warranty of habitability concerns the landlord’s duties, not a transfer of term.

Partial transfer of the remaining term is a sublease. In a sublease, the original tenant still holds the master lease and retains the remaining term, but grants possession to a subtenant for part of that term. Because the landlord’s privity of estate ties to the master lease with the original tenant, a subtenant does not enter into privity of estate with the landlord. That means the landlord typically doesn’t incur privity of estate liability to the subtenant; the subtenant owes obligations to the sublessor under the sublease, not to the landlord. The landlord’s rights and remedies continue primarily against the original tenant under the master lease. This distinguishes it from an assignment, which transfers the entire remaining term to a new tenant and creates privity of estate (and often privity of contract) between the landlord and the new tenant, potentially releasing the original tenant. Eviction is a remedy, not an arrangement, and a warranty of habitability concerns the landlord’s duties, not a transfer of term.