CaseCast™ – "What you need to know"
Brief Fact Summary. The Complainants, Mr. and Mrs. Ernst (Complaintants), approved a modification to a lease that allowed the Defendant, Conditt (Defendant), to sublease the premises and left the lessee personally liable. Defendant ceased paying rent and Complainants sued to determine whether the instrument was a sublease or assignment.
Synopsis of Rule of Law. The words used in an instrument are not conclusive, rather it is the intentions of the parties that govern whether the instrument is a sublease or assignment.
Issue. Whether the lease and modifications to the lease created a sublease or assignment.
Held. Affirmed, the use of the word “sublet” is not conclusive of the construction to use on the instrument. Rather the instrument was an assignment.
A sublease grants the sublessee an interest in the lease premises with a reversionary interest remaining with the lessee. An assignment conveys the whole term, leaving no interest or reversionary interest in the lessee.
The Common law rule is 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 the parties’ intentions.
This current agreement, despite its terms, does not leave the lessee with a right to re-enter or a reversionary interest, thus it is an assignment.
The cardinal rule to be followed in this State, in construing deeds and other written instruments, is to ascertain the intention of the parties.View Full Point of Law