Is Monica liable for the remaining lease payments?

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FACTS

Monica signed a twelve-month lease with Grandridge Apartments in Grand City. But after only two months, she received a promotion that required her to move to Lakeville, three hundred miles away. Mindful of her lease obligation, she found an acquaintance, Troy, to rent the apartment for the remaining ten months. Troy promised Monica he would pay the rent directly to the landlord each month and would clean the place before moving out at the end of the lease term. After moving in, Troy personally delivered a check for the rent to the landlord each month until four months later when he lost his job, at which point he stopped paying rent altogether. The landlord evicted Troy and, as he was unable to find another suitable tenant, he sued Monica for the rent owed on the remainder of the lease. Monica claimed the landlord should have sued Troy.

ISSUE

Is Monica liable for the remaining lease payments?

Answer and Explanation

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Explanation This is because she did not formally or legally transfer the lease to Tony since her lessor (The landlord) was not involved when Monica had an agreement with Tony. Under a typical leas...

Explanation

This is because she did not formally or legally transfer the lease to Tony since her lessor (The landlord) was not involved when Monica had an agreement with Tony. Under a typical lease agreement for one to transfer a lease, the lessor must permit the transfer completely to someone else or they allow you to transfer the lease provided you remain named on it. Also when transferring a lease one must submit a request to the landlord for consent and Monica did not do this. Monica did not legally transfer the lease to Tony and since signing the lease makes her legally bond then she is liable for the remaining lease payments. For Tony to be liable he must have signed an assignment agreement and the landlord should have qualified him as a potential tenant.

Answer

Yes, Monica is liable for the remaining lease payments.

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Is Monica liable for the remaining lease payments?

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