Extra-Credit Question

In Springfield, Illinois, Homer Simpson leases an apartment in Burns Rental Palace, a 20-apartment building complex owned by Montgomery Burns. Homer has 12 months remaining on his lease contract. Homer’s lease agreement prohibits assignment of the lease. Homer wants to sublet the lease to Ned Flanders for 10 months. Which statement is true:

Question

Extra-Credit Question

In Springfield, Illinois, Homer Simpson leases an apartment in Burns Rental Palace, a 20-apartment building complex owned by Montgomery Burns. Homer has 12 months remaining on his lease contract. Homer’s lease agreement prohibits assignment of the lease. Homer wants to sublet the lease to Ned Flanders for 10 months. Which statement is true:

BlackTom AI · Accepted Answer

Question restatement:
In Springfield, Illinois, Homer Simpson leases an apartment in Burns Rental Palace with 12 months left on his lease. The lease prohibits assignment. Homer wants to sublet the lease to Ned Flanders for 10 months. Which statement is true?

Answer options:
- A) Homer can sublet his lease, and Mr. Burns may only recover future deficient rent payments from Ned during the sublet time.
- B) Homer cannot sublet his lease as assignment of his lease is restricted in the lease agreement.
- C) Homer can sublet his lease, and Mr. Burns may recover future deficient rent payments from Ned or Homer.
- D) Homer can sublet his lease, but Ned is not liable for the rent to Mr. Burns.

Option-by-option analysis:

Option A: Homer can sublet his lease, and Mr. Burns may only recover future deficient rent payments from Ned during the sublet time.
- Why this is not fully correct: If Homer sublets, Ned may be primarily liable to Burns for rent during the subletting period, but Homer typically remains liable to Burns for the rent as the original tenant unless the landlord releases him or the sublease contract provides a release. This means Burns could seek deficiency from either Ned (for the sublet period) or from Homer (if Ned fails to pay, or for any period after the sublet ends if Homer remains liable). The statement restricting recovery only to Ned during the sublet period ignores Homer’s ongoing liability under the original lease terms.

Option B: Homer cannot sublet his lease as assignment of his lease is restricted in the lease agreement.
- Why this is not correct: The lease prohibits assignment, not necessarily subletting. Subletting is a separate concept from assignment; many leases restrict assignment but permit subleasing with landlord consent or under certain conditions. The question’s framing suggests subletting is possible under the contract terms, so declaring subletting categorically prohibited due to a restriction on assignment is an overreach.

Option C: Homer can sublet his lease, and Mr. Burns may recover future deficient rent payments from Ned or Homer.
- Why this is correct: Subletting is allowed (or possible under typical lease terms that distinguish sublease from assignment); Burns can seek rent from the party primarily responsible for paying ( Ned as the subtenant) for the sublet period. Additionally, because Homer remains the original lessee, Burns can also pursue any unpaid rent or deficiencies against Homer if Ned fails to pay or if there are gaps after the sublease ends. This captures the dual liability structure common in sublease scenarios: the subtenant is liable to the landlord for rent during the sublease, and the original tenant remains liable for the lease obligations overall.

Option D: Homer can sublet his lease, but Ned is not liable for the rent to Mr. Burns.
- Why this is incorrect: Ned, as the subtenant, is typically liable to the landlord for rent during the sublease period under the sublease agreement. The landlord can sue the subtenant if rent is not paid. Claiming Ned is not liable contradicts the standard legal relationship created by a sublease, where the subtenant bears a rent-obligation to the landlord.

Summary of reasoning: The true statement recognizes that subletting is permissible (given the context that Homer wants to sublet to Ned) and that the landlord can pursue deficiency from either Ned or Homer depending on payment performance during the sublease and overall lease obligations. The other options either misunderstand the distinction between assignment and subletting, misstate liability, or inaccurately limit who can be pursued for unpaid rent.

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