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Commonly Asked Questions about Assignment of Lease Contracts

Definition of Assignment of Lease The Assignment of Lease is a title document (also referring to the process itself) whereby all rights that a lessee or tenant possesses over a property are transferred to another party.
Definition and Purpose: Assignment of Rents is a legal mechanism used in real estate where a property owner assigns their right to collect rents from the property to a lender as security for a loan. This arrangement is particularly common in commercial real estate transactions.
If the lessee transfers his or her entire remaining interest in the tenancy, then the transfer is known as an assignment. If the lessee transfers only part of his or her interest, then the transfer is known as a sublease.
Simply put, it is a transfer of an existing lease by the current tenant to a new tenant with the consent of the landlord.
An assignment of contract is a legal clause that allows for one party of a contract to transfer the rights, obligations, and responsibilities of that contract to another party. The party who is giving away the responsibility of the contract is the assignor and the party receiving is the assignee.
A lease assignment occurs when a tenant fully transfers their lease to another party. This is particularly important for tenants who wish to get out of their leases early due to financial issues, especially if a landlord does not allow subleases.
The difference between assignment and transfer is that assign means its legal to transfer property or a legal right from one person to another, while transfer means its legal to arrange for something to be controlled by or officially belong to another person.