29. Which, if any, of the tenant's actions constituted a violation of the lease?

The tenant also told a different neighbor that the neighbor could use the fields to practice golf as long as she did not disturb the tenant's sheep.

During the following months, the tenant, by a written agreement, allowed one neighbor exclusive use of the garage for two years, charging him $240. The tenant subsequently handed over the keys to the garage.

A landlord owned Blackacre. The landlord entered into a written three-year lease of Blackacre with a tenant. Among other provisions, the lease prohibited the tenant from «assigning this lease, in whole or in part, and from subletting Blackacre, in whole or in part.» In addition to a house, a barn, and a one-car garage, Blackacre's 30 acres included several fields where first the landlord, and now the tenant, grazed sheep.

Granting the neighbor exclusive use of the garage
Allowing the neighbor to practice golf on the land
Allowing the neighbor to practice golf on the land and granting the other neighbor exclusive use of the garage
The tenant did not violate the lease

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A is correct. This question requires you to determine whether various actions by a tenant amounted to an assignment, a sublease, or neither of these. An assignment of a lease by a tenant occurs where the tenant transfers all its rights and duties under a lease to another party (an «assignee») for the entire length of time remaining on the lease. By contrast, a sublease is a transfer by a tenant to another party (a «sublessee») for a time period shorter than the time remaining on the lease. Here, the tenant has violated the lease through her actions with regard to the neighbor who is using the one-car garage. She has given him exclusive use of the garage for a period of two years. This exclusive use constitutes a transfer of all the tenant's rights to the garage, as the neighbor may exclude even her. Because the facts do not indicate the exact month in which the exclusive use agreement was entered, it is impossible to determine whether it is an assignment or a sublease that was created. The tenant has a three-year lease, therefore, if she entered the two-year agreement with the neighbor one year into her own lease, she has transferred her rights for the entire remaining length of that lease and created an assignment. If, however, she entered the agreement during months one through 11 of her lease, the transfer will terminate before her lease does, and she has created a sublease. Because assignments and subleases are both prohibited by the tenant's lease, her parking agreement with the neighbor constitutes a violation.

B is incorrect. The facts indicate that the tenant allowed one of her neighbors to practice her golf game on part of the land. The tenant has not given up any of her rights to the land or relieved any of her duties related to it through this action; the golf playing neighbor is simply an invited guest. The tenant's lease does not prohibit her from having guests on the land.

C is incorrect. As explained above, only granting the neighbor exclusive use of the one-car garage violated the lease.

D is incorrect. The tenant violated the lease by conveying her interest in the one-car garage to the neighbor.

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29. Which, if any, of the tenant's actions constituted a violation of the lease?

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