A third party’s occupancy and payment of rent may lead to a permissive inference, but not a mandatory presumption, of assignment of the lease to the third party in breach of an anti-assignment clause in the lease. Here, a woman rented the apartment but did not occupy it for extended periods while she was outside the country attending to her brother’s illness or uncertain whether her immigration status would allow her to return. During those periods her “common law husband” occupied the apartment and paid the rent. Held, substantial evidence supported the trial court’s ruling that defendant had not assigned the lease.