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Is Underletting the same as assigning?

Is there a possibility that you may expand and want the space back? If so, an underletting may be preferable as you can negotiate a break clause in the underlease allowing you to take back occupation of the premises at a specified time. If you assign the lease, then you have transferred your interest entirely.

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 apartment assignment?

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.

What does assignment and subletting mean?

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.

Can a lease agreement be verbal in California?

A lease with a term of one year or less may be created by verbal agreement. However, for the sake of clarity and to reduce the risk of disagreement (both during the lease term and after tenants surrender of the premises), all leases, even those with month-to-month terms, should be reduced to written form.

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