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Landlord leased a retail store to Tenant for five years. The lease required Tenant to pay rent and stated, "Tenant may not assign or sublet without Landlord's written consent." Two years later, Tenant signed a document with Boutique transferring "all of Tenant's rights under the lease for the remaining three years." Tenant did not reserve any right to reenter or receive possession before the lease ended. Landlord learned of the transfer, objected by email, but then accepted rent checks directly from Boutique for eight months.
Boutique stopped paying rent and abandoned the store. Landlord sued both Tenant and Boutique for unpaid rent and damages. Tenant argues that the transfer ended all of Tenant's liability. Boutique argues that because Landlord never gave written consent, Boutique owes nothing under the lease.
Discuss Landlord's claims. Address whether the transfer was an assignment or sublease, Tenant's continuing liability, Boutique's liability, the consent clause, the effect of Landlord's acceptance of rent, and available remedies.