Lease Assignments

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Commonly Asked Questions about Lease Assignments

Can a landlord refuse a lease transfer in NYC?

Under state law, the owner must provide written consent before the primary tenant can assign (transfer) the lease to you. The owner does not need to give you a reason if he or she does not consent to the assignment.

How does assigning a lease differ from subletting?

Subletting means that you find another person to live in your place and pay rent to you, while you remain the original tenant and responsible for the lease. Assigning means that you transfer your lease rights and obligations to another person, who becomes the new tenant and deals directly with the landlord.

What is the difference between assignment and transfer of lease?

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.

What does lease assignment mean?

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.

What is the difference between lease and sublease?

A lease is a rental contract between a landlord and a tenant, whereas a sublease is a contract between a tenant and a sub-tenant who has assumed obligations of the tenants lease.

Why would you assign a lease?

It is very common for tenants of commercial leases to either want to, or perhaps need to, get out of the lease. A common way of doing this is to assign the lease to a new tenant (this may be the only option if there are no break options in the lease and the Landlord is unwilling to agree to a surrender).

What is the difference between lease assignment and subletting?

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.

What is the meaning of lease assignment?

What is an Assignment of Lease? The assignment of lease is a title document that transfers all rights possessed by a lessee or tenant to a property to another party. The assignee takes the assignors place in the landlord-tenant relationship.