Toni Tenant entered into a lease with Larry Landlord. The lease contains a provision obligating the tenant to
keep the premises insured and to pay a rent of $500 each month. In addition, the lease prohibits the assignment of the lease by the tenant. Toni Tenant possesses the premises for a couple of months and then decides to leave town. Toni finds Alice Assignee, who is willing to accept an assignment of the premises from Toni. Toni assigns all her rights, title, and interest in the premises to Alice Assignee, who accepts the assignment and assumes the obligation of Toni Tenant under the lease. The assignment is made without the landlord’s consent. The landlord discovers the assignment when the rent check is received next month
from Alice Assignee, and the landlord cashes the rent check and raises no objections to the assignment.
Alice Assignee continues in this relation for the next couple of months, paying her rent each month to the landlord. Each month the landlord cashes the check. After a few months, Alice Assignee is approached by
Samantha Subtenant, who wants to sublease the entire premises, but only for two months. Alice Assignee,
thinking about a Mediterranean vacation, agrees and subleases the premises to Samantha for two months.
During the two-month period, Samantha fails to pay rent to the landlord. The building burns down. The landlord discovers that the building is not insured. The landlord sues Toni, Alice, and Samantha for unpaid rent and for the value of the premises because of their breach of the promise to ensure the premises. Can the landlord recover against Toni? Can the landlord recover against Alice? Can the landlord recover against
Samantha? What are the rights, liabilities, and responsibilities among Alice, Toni, and Samantha?