Transfer by Lessor.
Unless restrained by express covenants,126 either the lessor or the lessee may transfer his interest under a lease.127 The requirements of the statute of frauds are the same for an assignment or a subletting as for the original lease.128 An assignee of the reversion is entitled to receive the rents from the tenant after giving notice of the assignment.129 Such assignee can enforce, and
126 Or by statute, as lessee is in a few states. 1 Stim. Am. St. Law, § 2043; 2 Shars. & B. Lead. Cas. Real Prop. 83.
127 Dixon v. Buell, 21 111. 203; Webster v. Nichols, 104 111. 160; Crommelin v. Thiess, 31 Ala. 412, 421; Woodhull v. Rosenthal, 61 N. Y. 382; Gould v. School Dist., 8 Minn. 427 (Gil. 382); Indianapolis Manufacturing & Carpenters' Union v. Cleveland, C, C. & I. Ry. Co., 45 Ind. 281; Rex v. Inhabitants of Aldborough, 1 East, 597.
128 Bedford v. Terhune, 30 N. Y. 453.
129 Hunt v. Thompson, 2 Allen (Mass.) 341; O'connor v.. Kelly, 41 Cal. 432; is liable on, covenants running with the land.130 The lessor may assign the rent to one man, and the reversion to another, or he may assign one and keep the other.131 So, too, he may split up the reversion into parcels, but the rent cannot be made payable to al without the consent of the tenant.132
Transfer by Lessee.
The lessee may either assign or sublet.133 If the interest conveyed by him is for a shorter time than his own term, even by a day. it is a sublease;134 and some cases hold that the reservation by the original lessee of a right of entry will have the same effect.135 But there may be an assignment of part of the premmoffatt v. Smith, 4 N. Y. 126; Childs v. Clark, 3 Barb. Ch. (N. Y.) 52; Watson v. Hunkins, 13 Iowa, 547; Page v. Culver, 55 Mo. App. 606. Prior to the statute of 4 Anne, c. 16, § 9 (which has been generally adopted in the United States), it was necessary that the tenant should agree to accept the assignee of the reversion as his landlord. This was called an "attornment." Fisher v. Deering, 60 111. 114; Burden v. Thayer, 3 Mete. (Mass.) 76; Tilford v. Fleming, 64 Pa. St. 300; Mortimer v. O'reagan, 10 Phila. (Pa.) 500. But see Fox's Case, 8 Coke, 936. Attornment Is not now necessary, In most states. 2 Tayl. Landl. & Ten. (8th Ed.) 224; 1 Stim. Am. St. Law, § 2009; Perrin v. Lepper, 34 Mich. 292. Contra, Fisher v. Deering, 60 111. 114; Duke v. Compton, 49 Mo. App. 304.
130 Astor v. Miller, 2 Paige (N. Y.) 68; Stevenson v. Lambard, 2 East, 575; Burton v. Barclay, 7 Bing. 745; Van Home v. Crain, 1 Paige (N. Y.) 455; Sutherland v. Goodnow, 108 111. 528; Campbell v. Lewis, 3 Barn. & Aid. 392; King v. Jones, 5 Taunt. 418.
131 Co. Litt 47a; Mcmurphy v. Minot, 4 N. H. 251; Crosby v. Loop, 13 111. 025; Dixon v. Nlccolls, 39 111. 372, 384; Van Rensselaer v. Hays, 19 N. Y. 68, 99; Wineman v. Hughson, 44 111. App. 22.
132: iiyerson v. Quackenbush, 26 N. J. Law, 254; Ards v. Watkin, Cro. Eliz.
133 So he may mortgage his interest. Menger v. Ward, 87 Tex. 622, 30 S. W. 853. And see Barrett v. Trainor, 50 111. App. 420; Drda v. Schmidt, 47 111. App. 267; Menger v. Ward (Tex. Civ. App.) 28 S. W. 821. Contra, as to a lease on shares. Lewis v. Sheldon, 103 Mich. 102, 61 N. W. 269. Assignment and subletting without lessor's consent may be restrained by covenant. Raymond v. Hodgson, 55 111. App. 423; Shannon v. Grindstafe, 11 Wash. 536, 40 Pae. 123.
134 post v. Kearney, 2 N. Y. 394; Collins v. Hasbrouck, 56 N. Y. 157.
135 Linden v. Hepburn, 3 Sandf. (N. Y.) 668; People v. Robertson, 39 Barb. (N. Y.) 9; Doe v. Bateman, 2 Barn. & Ald. 168. And see 1 Wood, Landl. & Ten. (2d Ed.) 178.
136 In the case of a sublease, the subtenant is not liable for rent to the original lessor, or on the covenants of the original lease.137 But an assignee is liable to the original lessor on all the covenants which run with the land.138 The lessee continues liable after he has assigned, on express covenants.139 But an assignee may avoid future obligation by assigning over, whether there is an express covenant or not.140 The lessee and his assignee or sublessee may insert any covenants they choose in the instrument of transfer, and so regulate their obligations to each other.
Transfer by Operation of Law.
Both the reversion and the term are subject to involuntary alienation, such as sale on execution. A purchaser assumes the rights and liabilities of an assignee.141 An assignee in bankruptcy or insolvency does not become liable as assignee of a term owned by his assignor until he has had a reasonable time to ascertain whether it is an available asset. Before then he is not presumed to accept.142 A lessee may dispose of his estates for years by
136 cook v. Jones (Ky.) 28 S. W. 960. But see Shannon v. Grindstaff, 11 Wash. 536, 40 Pac. 123.
137 Tayl. Landl. & Ten. (Sth Ed.) § 16; 1 Wood, Landl. & Ten. (2d Ed.) 181; Trustees of Dartmouth College v. Clough, 8 N. H. 22. But he may pay rent to avoid eviction. Peck v. Ingersoll, 7 N. Y, 528.
138 Fennell v. Guffey, 155 Pa. St. 38, 25 Atl. 7S5; Sanders v. Partridge, 108 Mass. 556. But cf. Dey v. Greenebaum, 82 Hun, 533, 31 N. Y. Supp. 610.
139 Grommes v. Trust Co., 147 111. 634, 35 N. E. 820; Wineman v. Phillips, 93 Mich. 223, 53 N. W. 168; Oonrady v. Bywaters (Tex. Civ. App.) 24 S. W. 961; Bouscaren v. Brown, 40 Neb. 722, 59 N. W. 385; Charless v. Froebel, 47 Mo. App. 45; Pittsburg Consol. Coal Co. v. Greenlee, 164 Pa. St. 549, 30 Atl. 489; Bless v. Jenkins, 129 Mo. 647, 31 S. W. 938; Walker's Case, 3 Coke, 22a; Calborne v. Wright, 2 Lev. 239.
140 Mcbee v. Sampson, 66 Fed. 416; Armstrong v. Wheeler, 9 Cow. (N. Y.) 88; Childs v. Clark, 3 Barb. Ch. (N. Y.) 52; Tibbals v. Iffland, 10 Wash. 451, 39 Pac. 102. But see Consolidated Coal Co. v. Peers, 150 111. 314, 37 X. E. 937; Drake v. Lacoe, 157 Pa. St. 17, 27 Atl. 538; Lindsley v. Brewing Co.. 59 Mo. App. 271.
141 Mcneil v. Ames, 120 Mass. 481; Lancashire v. Mason, 75 N. O. 455.
142 Pratt v. Levan, 1 Miles (Pa.) 358; Bagley v. Freeman, 1 Hilt. (N. Y.) 196; Copeland v. Stephens, 1 Barn. & Ald. 594; Carter v. Warne, 4 Car & P. 19L will,143 but if he fail to do so they pass on his death to his personal representative, who thus becomes an assignee.144 The reversion, if not disposed of, is subject to the ordinary rules governing the descent of realty; and the rent follows the reversion, unless it has been separately assigned.145
84. An estate for years may be terminated:
(a) By lapse of time (p. 150).
(b) By forfeiture (p. 150).
(c) By merger (p. 152).
(d) By surrender (p. 152).
(e) By destruction of the premises, in some cases (p. 153).