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6 votes
6 votes
A renter rented a house from a landlord. The renter and the landlord entered into a written lease providing that the renter was to pay a fixed monthly rent plus all taxes. A month later, the renter was offered a job in another state, and the renter assigned her lease to a friend by written agreement. The renter forgot to tell the friend that he was liable to pay the taxes on the residence during the period of the lease. As a result, the friend failed to pay the taxes on the house. The landlord was informed that there was a tax lien on the residence. She paid the lien and brought suit against the friend for the amount. Who will prevail

User Nalin Mathur
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1 Answer

16 votes
16 votes

Answer:

The landlord, because payment of property taxes touches and concerns the land

Step-by-step explanation:

Considering the situation described in the question above. It can be concluded that the friend, which in this case is an assignee is considered to be in privity of estate with the lessor, and is responsible for those agreements in the original lease that run with the land.

Hence, the one that would prevail is the "The landlord, because payment of property taxes touches and concerns the land."

User Joe Pym
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