State v. Kiehm (Dissenting Opinion by J. Lim)

FOR PUBLICATION

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DISSENTING OPINION BY LIM, J.

The foundation of the majority opinion is the determination that a sublease or assignment-of-lease relationship existed between Ayau and Adams. In my view, Ayau and Adams created a simple rent-sharing arrangement between themselves, with Ayau remaining and acting as the original and only tenant vis-a-vis landlord Kiehm. Hence, Ayau's relinquishment of her tenancy -- whether by surrender or by termination per the terms of the tenancy -- bound Adams, Kiehm's purported forbearance of the situation notwithstanding. I would affirm, and therefore respectfully dissent.