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Commonly Asked Questions about Commercial Property Lease Assignments

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.
Gross leases are most common for commercial properties such as offices and retail space. The tenant pays a single, flat amount that includes rent, taxes, utilities, and insurance.
A notice of assignment of lease, which is a form signed by both the assignor-landlord and the assignee, or new landlord, is one way to give notice.
The assignor must agree to assign their rights and duties under the contract to the assignee. The assignee must agree to accept, or assume, those contractual rights and duties. The other party to the initial contract must consent to the transfer of rights and obligations to 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.
An assignment transfers one partys interest in an agreement to a third party. In this case, the original tenant gives all their interest to a new tenant.
Tenants oftentimes wish to assign a lease to an assignee, who will step into the shoes of the original tenant and occupy the space involved in a lease. Many leases require that landlords consent to such assignments in order for them to be effective.
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.