An individual rented an apartment from a landlord who owned the apartment building. The lease, which was for the term of one year, contained a provision that prevented assignment of the leasehold interest. After four months, the individual entered into an oral agreement with a friend for the friend to take over the apartment for the remaining eight months of the lease. The landlord accepted the monthly rent payments from the friend for three months. The friend then vacated the apartment. The landlord tried unsuccessfully to rent the vacant apartment for the final five months of the lease. If the landlord sues the individual for the unpaid five months of rent, will the landlord be successful