Richland Mall has rented retail space to a tenant, Better Ice Cream. After being in the space for several months, Better sells its business to Even Better Ice Cream and assigns its lease to Even Better Ice Cream. The assignment contains an assumption of lease obligations by Even Better. The ice cream business at the mall starts to melt and Even Better defaults on the lease. The landlord, Richland Mall, wants to sue both Better Ice Cream and Even Better Ice Cream for the delinquent rent. Will it be successful?
Fill in the blank(s) with the appropriate word(s).
Richland can recover the delinquent rent from both Better Ice Cream and Even Better Ice Cream. An assignment of a lease without an express release from the landlord does not release the original tenant from lease obligations, including the obligation to pay rent. An assignee of a lease that assumes the lease obligations becomes fully liable for all obligations including the payment of rent. Richland can only recover the amount of the delinquent rent, but it has two parties from whom to obtain such recovery: the original tenant and the assignee.
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