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Does a landlord have to assign a 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.

What is the difference between sublet and assign?

A sublease, unlike an assignment, does not establish privity of estate or privity of contract between the landlord and the subtenant. Instead, when a sublease occurs, the original tenant retains both privity of estate and privity of contract with the landlord.

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.

How do I assign a lease in NYC?

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.

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.

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