Libby leased an apartment to Troy by written lease for two years ending on the last day of February 2017.
Libby leased an apartment to Troy by written lease for two years ending on the last day of February 2017. The lease provided for $1000 monthly rent. Troy occupied the apartment and paid the rent for the first ten months of the lease term until he moved to a new job in another city. Without consulting Libby, Troy signed a lease with Joseph for most of the remaining fourteen months of the lease, but with Troy’s right to possession for the last three days of the two-year term. Joseph made the next eight monthly $1000 payments to Libby. For the final six months of the lease term, no rent was paid, and Joseph moved out with three months left on the lease term. Libby sued Troy and Joseph for $6,000 for the last six months’ rent, hoping to collect from one of them. What is the likely result?
Select one:a. Both Troy and Joseph are liable for the $6,000 because Troy is liable on privity of contract and Joseph is liable on privity of estate as an assignee.b. Joseph is liable for $3,000 on privity of estate, which lasted only until he vacated, and Troy is liable for $3,000 on privity of contract and estate for the period after Joseph vacated.c. Troy is liable for $6,000 on privity of contract and Joseph is not liable because a sublessee does not have rent liability to the original landlord.d. Joseph is liable for $6,000 on privity of estate and Troy is not liable because Libby consented to Joseph’s tenancy by failing to object to Joseph’s payment of rent.
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