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Question
Two years ago, Landlord and Tenant entered into a five-year oral lease of an office at $800 per month, payable on the first day of each month. The lease was silent regarding Tenant's right to assign or sublet the office. Three weeks ago, Tenant called Landlord, gave two weeks' notice of lease termination, and said that she planned to move out of state permanently. Tenant told Landlord that Friend had agreed to take over the office space for the balance of the five-year lease. Landlord said that he would not accept Friend as a new tenant even though she was financially capable of paying the rent and that he would hold Tenant to the lease agreement for the balance of the five-year term. Two weeks ago, Tenant vacated the office. One week ago, on the day the next month's rent payment was due, Friend sent Landlord a check for $800, which Landlord refuses to cash. Landlord insists that Tenant is liable for the $800 rent. Tenant has not paid the $800 monthly rent. Landlord has sued Tenant to recover the $800 rent that she has not paid.
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