1. No- assignment clause. Restraints on alienation are strictly construed against the landlord. But a restriction against assignments does not restrict subleases. An assignment is a conveyance of all of the tenant’s remaining possessory interest in the property. A sublease is conveyance of part of the tenant’s lease term. Here, Lois gave Fast 10 years of her lease, on which 25 years remained. Therefore, L subleased to Fast. Since the lease did not restrict subleases, L did not violate the no-assignment provision.
Waiver? Even if L did violate the no-assignment clause by subleasing to F, O has accepted rent directly from Fast. Therefore, O is estopped from denying the validity of the sublease.
