Possession/Sublease/Assignment hypos

 

1. Jeremiah Shavers and his law-student roommates, as tenants, enter into a lease with Robin Mohr, as landlord, for a 3,000 sq. ft. loft in Greektown for 3 years at an annual rent of $6,000 per year payable monthly, terms to be "those of the traditional common law of property." Leasehold commences on 1 February 2013.

a. On 5 February, Scott Domek shows up with a duffle bag and takes up residence; does Shavers have a claim against Mohr?

b. Timothy Lavino was prior tenant who refuses to move out; does Shavers have a claim against Mohr? Against Lavino? For what?

c. Figuring she'd like to double her earnings, Mohr leases to Melanie Hillhouse and her law-student roommates just before leasing to Shavers; same lease terms. Different outcome? Different legal theories?

2. Yuting Li finds a snake left by predecessor tenant. Who is liable for the costs of removing it?
a. A Bengal tiger?
b. A drumset?
c. A meth lab?

3. Rachel Borsellino "subleases" to Andrew Gust under following terms; Gust stops paying rent; is Borsellino liable in suit by landlord? Is Gust?
a. Borsellino's term was 1 year; Gust's term is 9 months
b. Gust gets only one of eight bedrooms
c. Gust gets the whole thing for one year

4. Peter Buchcar leases 566 West Adams to Microsoft, which is setting up Internet cafes for browsing Bing
a. Microsoft xfers lease to Cassandra Bass, on proviso that lease is terminated if Bass permits anyone to browse Google, or do a Google search
b. Is restriction valid?
c. If valid is this a sublease or an assignment?

5. "Assign" to homeless person; bankrupt assigns to rich person

6. Advertise room in condo:

"Only law-students considered."

"Only males considered."

"Must have $5,000 in bank account."