Assignment of Lease Package - New York 2025

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To assign means that the tenant is transferring the entire interest in the apartment lease to someone else and permanently vacating the prem- ises. The right to assign the lease is much more restricted than the right to sublet. A sublet or assignment which does not comply with the law may be grounds for eviction.
In California, within the Business and Professions Code, Section 1995.260, the landlord cannot unreasonably withhold the consent of the tenant to assign or sublease the property.
Contract assignment agreements must include the following elements: The Transferor must transfer all rights and responsibilities to the Transferee and the Transferee must accept. The contract assignment agreement must re-use the same NYS Contract # as the original agreement.
A form of landlords consent favoring the tenant. This form of consent is used when a tenant requests the landlords consent for an assignment of its lease and the landlord agrees to grant its consent.
Other states, like California and Texas, require all adult tenants to sign the lease. Those who do not are considered a guest of the lease signing tenant. Even if a state does not require all tenants to sign the lease, it is good practice for a landlord to require all adult tenants to sign the lease.
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As a general rule, retail leases prohibit tenants from assigning the lease to an assignee or subleasing the premises to a subtenant (each referred to herein as a Transfer) unless the landlord consents in writing to such Transfer.
A lease assignment occurs when a tenant fully transfers their lease to another party. The landlord must agree to the lease transfer, and usually records their consent to it via a document called a license to assign.

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