Brief Fact Summary
Plaintiffs leased property to Rogers for the opperation of a go-cart class. Rogers met with plaintiffs and transfered his lease to defendant who defaulted on the lease. Plaintiffs sued defendant for default. Defendant claimed that the lease was a sublease and not an assignment and consequently, Rogers was liable for his default.

Rule of Law and Holding
If the instrument purports to transfer the lessee's estate for the entire remainder of his term it is an assignment, regardless of its form or of the parties' intention. Conversely, if the instrument purports to transfer the lessee's estate for less than the entire term--even for a day less--it is a sublease. Additionally, the fact that the original lessee agreed to remain liabile for the remaining terms of the lease does not create a sublease.

Topics
Landlord/Tenant

Subtopics
Subleases and Assignments