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What is an assignment clause in a lease?

Every commercial lease contains an assignment provision that lays out the landlords and the tenants rights and obligations in the event that the tenant seeks to assign the lease.

What is an assignee of a lease?

A lease assignment allows a tenant to assign and transfer the name of the lease, often the tenant, to someone else. The landlord must approve the tenant and, if accepted, an assignment will be executed by both parties. The assignee will be the new tenant and the original tenant will be released from the lease.

What happens to a commercial lease when the landlord sells the property Ontario?

If the landlord sells the property before the end of lease then he or she must ensure that the buyer agrees to continue the existing rental agreement. The buyer, as a new landlord, must then comply with the agreement and cannot unlawfully force the tenant out before the end of the lease.

Who must provide consent when a tenant assigns his/her lease?

Most negotiated leases will instead contain a provision requiring that landlords consent to an assignment is required, but such consent will not be unreasonably withheld. The tenant will likely also try to include landlords obligation to not unreasonably delay or condition its consent.

What is an assignment and assumption of lease?

An assignment and assumption agreement is used after a contract is signed, in order to transfer one of the contracting partys rights and obligations to a third party who was not originally a party to the contract.

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