Bar Exam Uniform Quiz
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A landlord owns a building with three separate floors. The landlord leased the entire building to a tenant for a term of ten years. Five years into the lease, the tenant transferred his interest in the top two floors to a company for the entire remaining five-year term. The tenant retained possession of the first floor. The company failed to pay its pro-rata share of the rent to the tenant, and consequently, the tenant failed to pay the full rent to the landlord.
The landlord wishes to sue the company directly for the unpaid portion of the rent corresponding to the top two floors. What is the company's best defense? Select one.
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