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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.
What is assignment of a lease? The process of assignment of a lease is essentially selling the lease to a third party (the assignee). If you are a commercial property tenant, your contract likely contains a clause that allows you to assign your lease to a new tenant.
An assignment ensures the complete transfer of the rights to the property from one tenant to another. The assignor is no longer responsible for rent or utilities and other costs that they might have had under the lease. Here, the assignee becomes the tenant and takes over all responsibilities such as rent.
An assignment is when the tenant transfers their lease interest to a new tenant using a Lease Assignment. The assignee takes the assignors place in the landlord-tenant relationship, although the assignor may remain liable for damages, missed rent payments, and other lease violations.
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.
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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.
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.
Assign a Lease A tenant may not assign the lease without the landlords written con- sent. The landlord may withhold consent without cause. If the landlord reasonably refuses consent, the tenant cannot assign and is not entitled to be released from the Lease.
Most often, the lease wont permit assignment without the landlords approval, but leases often state that the landlord cannot unreasonably withhold consent. As long as you produce a tenant whos shown a history of payment under prior leases and has been a model tenant, a landlord should consent to assignment.
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.

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