possession under a bare assig
nment of the lease, and that assumed by an assignee who, in addition to accepting an assignment of the lease, expressly agrees to be bound by the covenants of the assigned leaseAs stated by this court in SamuelsOttinger,CalPac:A lease has a dual characterit presents the aspect of a contract and also that of a conveyancePollock on Contracts d AmEdp'Consequently the lease has two sets of rights and obligationsone comprising those growing out of the relation of landlord and tenant, and said to be based on the Urjxity of estate, and the other comprising those growing out of the express stipulations of the lease, and so said to be based on privity of contract.' Tiffany on Real Property, | ^See, also, BrosnanKramer,Cal,PacAn occupant of real property who holds by virtue of a bare assignment of the lease and without entering into any contract, either with his asRalph Lauren Outlet Online signor or the lessor, affirmativeRalph Lauren Outlet ly binding himself to fulfill the covenants of the lease, is subjecPolo Outlet Online t only to such obligations as he impliedly assumes by entry and taking possession of the leased premisesSalisburyShirley,Cal,Pac; BonettiTreat,CalPac,LRA; BakerMaier, etc Brewery,Cal,Pac; LuttonRau,CalApp,Pac; Seventy-Eighth Street, etc Co Purssell Co
Ralph Lauren Outlet Polo Outlet Online Ralph Lauren Outlet OnlineAppDi ,NTSuppThe obligations thus imposed as the result of the creation of the relation of landlord and tenant are said to arise from privity of estate as distinguished from privity of contract; liability of this nature continues only during occupancy by the assignee, and terminates upon reassignmentBonettiTreat, supra; LuttonRau, supraWhere, however, the assignee expressly agrees in writing to be bound by the terms of the lease, there arises, as distinguished from any obligation resulting from mere occupancy, a new and different obligation which which is not dependent upon occupancy of the premises, but is based upon privity of contractBy virtue of this agreement, a contractual relation is established, whereby the assignee becomes liable upon and entitled to the benefit of all of the covenants of the lease as suchChaseOehlke,Pac; LopizichSalter,Pac.It is an undisputed fact In the instant case that, neither at the time of the assignment of the lease to the defendant corporation, nor at any time subsequent thereto up to the time of the exercise of the option to extend the term of the lease, was there any express agreement on the part of the assigneeto be bound by the covenants of the leaseBy the assignment of the lease, and until the exercise of the option to extend the term of the lease, any obligation of the corporation with respect to the premises in question was dependent upon mere occupancy under the assignment, and arose solely by virtue of privity of estate.The lease assigned to the defendant corporation contained a provision to the effect that, at the expiration of the three-year, term, the lessee might, by giving notice, elect to take a three years' extension of this lease at a monthly rental of twenty-five hundred $,dollarsThe assignee elected to extend the term of the lease, and, in May served a written notice of election, which contained the following statement:This notice of election and intention is given under and upon and subject to all the terms and conditions in said lease contained.This express declaration that the parties were to be governed by the covenants f the lease, signed by the assignee, and accepted by the lessor definitely created and established a contractual relation between the lessor and the assignee, and the covenants of the lease were made the measure of the rights and liabilities of the parties for the extended three-year periodIt may be that, irrespective of the creation of a contractual relation, the liability of the corporation during the extended term arose upon its election to extend the term, inasmuch as, until that time, any liability for an extended term was entirely optional with the corporationChambersFarnham,PacIt may be that the creation of a contractual relation between the
