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An assignment is the transfer of one partys entire interest in and obligations under a lease to another party. The new tenant takes on the lease responsibilities, including rent and property maintenance, and the original tenant is released from most (if not all) of its duties.
Can the Landlord refuse consent? If the lease is silent on assignments, the tenant is free to assign without the landlords consent.
In order to transfer a commercial lease, you will likely need to obtain the landlords permission. Failing this, you might be liable to face financial penalties. An assignment of a commercial lease is not always permitted by the landlord.
Most commercial leases will include a provision which prohibits assignment without the landlords consent, and will prescribe the process the tenant needs to go through to secure this. What some landlords do not realise is that they can only refuse consent if they have very good reasons.
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