Bar Exam (US) Property: Leonard, the owner of a two-story dwelling house, leased it completely f...

Question

Leonard, the owner of a two-story dwelling house, leased it completely furnished to Thomas for a ten-year period. Towards the end of the seventh year of the term, a violent storm blew off several of the roof shingles. Thomas noticed a leak through the roof where the shingles had blown off , but didn't make any repairs. A month later, a severe rain storm occurred and water leaked through the roof causing damage to the valuable parquet floors in the two rooms below. Before the term of his lease ended, Thomas discovered that Leonard had not paid his taxes on the property, so he purchased the property through a sheriff 's sale. Thomas refuses to make any further rental payments on the property.

Assume for the purposes of this question only that two years after Thomas entered into the leasehold agreement with Leonard, he subleases the house to Steve. Thereafter, Steve defaults on the rental payments. If Leonard brings an action to recover the past rent due from Steve, Leonard will

AnswerChoose the correct answer.Choose all that apply. Correct Partially correct Incorrect Don't Know

  1. A
    Correct Answer
    recover, because privity of estate exists between a landlord and sublessee
  2. B
    Correct Answer
    recover, because there is privity of contract between a landlord and sublessee
  3. C
    Correct Answer
    recover, because there is both privity of estate and privity of contract between a landlord and sublessee
  4. D
    Correct Answer
    not recover, because privity of estate does not exist between the landlord and sublessee
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