Property I
Midterm
Fall 2001
Professor Brower

On August 20, 1999, Latoya and Tito entered into the following agreement:

"1. Latoya agrees to transfer possession of 412-B Seven Sisters Road to Tito beginning September 1, 1999 for three months and continuing for each successive three months thereafter."
2. Tito agrees to pay to Latoya the sum of five hundred dollars ($500) payable on the first of every month."
3. Latoya promises to maintain the common areas of 412 Seven Sisters Road."
4. Tito promises to maintain the interior of 412-B Seven Sisters Road in its present condition."
5. Tito promises not to assign or sublease 412-B Seven Sisters Road without the prior consent of Latoya"

On September 1, 1999, Tito moved into the apartment and remained there until August 31, 2000, when he left the premises. On August 1, 2000, Tito wrote Latoya a letter in which he stated that he was terminating the lease as of August 31 and would vacate at that time. Although she received the letter, Latoya did not respond.

On September 20, 2000, Terrell came to Latoya and inquired about an apartment at 412 Seven Sisters Road. Latoya showed Terrell 412-C which was vacant, but not 4128 even though it was substantially similar to 412-C. Terrell rented 412-C for $450 per month for one year beginning October 1, 2000. Terrell has remained in that apartment and paid rent.

On December 1, 2000, Latoya rented apartment 412-B to Toni for $400 per month for one year beginning December I, 2000. Toni moved in immediately, but only paid rent for two months and only remained in the apartment until March 1, 2001.

It is now October 2001; Latoya has come to your law office because you are an expert in real property. She would like to know if she can collect rent for 412-B Seven Sisters Road from anyone, and if so, how much and under what legal theory.

Please write a complete, legible, yet concise response to her inquiries using modern majority law. You may use only one examination booklet for your answer, writing only on the right-hand side of the page and skipping every other line.