Belau v. Brown & Sons Realty Co.

The covenant of the original lessee to pay broker’s commissions may be "like rent” but it is a payment to a third party, is not rent, is not a real covenant and does not pass with the lease merely by virtue of assignment. James Talcott, Inc. v. Roy D. Warren Commercial, Inc., 120 Ga. App. 544 (171 SE2d 907). R.B.M. of Atlanta, Inc., assignee of the original tenant, Alpha Enterprises, took the- lease assignment without expressly assuming the obligations of Alpha and quite possibly Alpha remains primarily liable for the covenant of payment of broker’s commissions. See Warehouses, Inc. v.…