Difficulty: Hard

Average Score: 31%

A lessee sublets an apartment to a sibling with the approval of the lessor. Which of the following is true if the sibling defaults on the lease?

Rationale

The lessee remains liable to the lessor.

In a sublease agreement, even with the lessor's approval, the original lessee retains liability for the lease terms. If the sublessee defaults, the responsibility ultimately falls back on the lessee to fulfill the lease obligations, such as rent payment, to the lessor.

A (The lessee has no liability to the lessor.) YOUR ANSWER

This statement is incorrect because the original lessee remains responsible for the lease, regardless of the sublease arrangement. Approval from the lessor does not negate the lessee's obligations; thus, the lessee cannot be free of liability.

B (The lessee remains liable to the lessor.) CORRECT

This choice accurately reflects the legal principle that the lessee is still liable for the lease terms, even when a sublet is involved. The lessee's obligations continue, and they must ensure the rent is paid and other lease conditions are met, regardless of the sublessee's actions.

C (Because the lessor approved the sublet, neither the lessee nor the sibling are liable.) YOUR ANSWER

This statement is false because the lessor's approval does not absolve the lessee of their obligations. The lessee is still responsible for ensuring that the lease terms are fulfilled, meaning they can be held liable if the sublessee defaults.

D (Because the lessor approved the sublet, both the lessee and the sibling are liable.) YOUR ANSWER

While the sibling may be liable to the lessee under the sublease agreement, the lessee's liability to the lessor remains intact. Thus, this statement incorrectly implies that the lessor would have claims against both parties, which is not accurate in the context of a sublease.

Conclusion

In summary, when a lessee sublets an apartment with the lessor's approval, the lessee maintains their liability to the lessor even if the sublessee defaults. The legal relationship established by the original lease persists, holding the lessee accountable for ensuring compliance with the lease terms. Understanding these responsibilities is crucial in property rental agreements to avoid potential legal complications.

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