Assignment task: Larry's Landlord owns Lot 1, a residential property. In April 2018, Larry entered into a 3-year lease of Lot 1 with Roger Renter. After 1 year, Roger orally agrees to transfer his interest in the lease to Spencer. Roger Renter tells Spencer that if Spencer fails to pay the required rent, Roger will "take back the property."
Spencer pays the required rent to Larry Landlord for 6 months. Then, Spencer refuses to pay any more rent because electrical and plumbing repairs need to be made to the home.
Larry Landlord tells Roger Renter and Spencer that he is not happy with the transfer made by Roger to Spencer because "my deal is with Roger Renter." Larry reminds them the lease requires the tenant to make all electrical and plumbing repairs. Further, Larry Landlord demands payment of the current rent and unpaid rent from the last 3 months of the lease.
Larry Landlord resides on Lot 2. The adjacent lot (Lot 3) is under construction. Larry is irritated by the noise from the construction machinery and the debris that blows onto Lot 2 (his lot). Further, after paving is done on Lot 3, Lot 2 starts experiencing water runoff that pools on Lot 2. Last week, Larry saw a crane on Lot 3 swing onto Lot 2 and come within 2 feet of Larry's house.
Q1. Differentiate between an assignment and sublease.
Q2. Analyze whether Roger Renter could assign or sublet his remaining interest to Spencer.
Q3. Was there a valid assignment or sublease between Roger Renter and Spencer? Fully explain your position.
Q4. Outline all of Larry's potential options, causes of action, all defenses that will likely arise, and the probable outcome of each cause of action. Include Larry's options with regards to noise from the construction and paving done to Lot 3.
Q5. Evaluate any further information you may need from your client, Larry Landlord.