Assignment of Lease Package - Texas 2025

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Except as provided in Section 13.2. 2, neither party to the Contract shall assign the Contract as a whole without written consent of the other. If either party attempts to make an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations under the Contract.
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.
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.
Novation. If an original contract is replaced with a new one through the mutual agreement of all parties, the original contract is void. The obligations under the original contract are extinguished, and the terms of the new agreement then bind the parties.
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.
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Contract Assignment. (a) A contract assignment must be made as part of an ownership change, a change in tax status, or a transfer from one legal entity to another through a legal process. No assignment is effective until approved, in writing, by the Texas Department of Human Services (DHS).
An assignment of contract is a legal clause that allows for one party of a contract to transfer the rights, obligations, and responsibilities of that contract to another party. The party who is giving away the responsibility of the contract is the assignor and the party receiving is the assignee.

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