Assignment of Lease Package - West Virginia 2025

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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.
Following an assignment, the original tenant retains no rights to or interests in the premises. A sublease (sometimes called an under-lease) occurs when a tenant leases all or part of the leased premises to a third party but retains some interest, however small, in the premises.
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.
The assignor is typically the current tenant, while the assignee becomes the new tenant. On the other hand, a lease transfer refers to transferring the leasehold interest from the current tenant (transferor) to a new tenant (transferee). In a lease transfer, the existing tenant is completely replaced by the new tenant.
The reason Landlords will not allow their tenants to sublet is because, by subletting you are altering the terms of the insurance policy the insurer accepted when they offered the landlord an insurance premium for coverage.

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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.
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.

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