Free Landlord's Consent to Lease Assignment

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Landlord's Consent to Lease Assignment

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transfer lease
sublet property




Your Landlord's Consent to Lease Assignment

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LANDLORD'S CONSENT TO LEASE ASSIGNMENT

THIS CONSENT TO LEASE ASSIGNMENT (the "Consent") dated this ________ day of ________________, ________

BETWEEN:

_________________________ (the "Landlord")

AND

_________________________ (the "Assignor")

AND

_________________________ (the "Assignee")

  1. BACKGROUND
  2. The Assignor entered into a lease (the "Lease") with the Landlord on January 20, 2020 with respect to the following premises (the "Premises"): __________.
  3. The Assignor has assigned or will be assigning (the "Assignment") all of its rights and obligations under the Lease to the Assignee starting from January 20, 2020 until the end of the term of the Lease.

IN CONSIDERATION OF the Landlord consenting to the Assignment, the Assignor transferring all of the Assignor's rights and obligations under the Lease, and the Assignee agreeing to assume the Lease and all of the obligations of the Assignor under the Lease, the parties agree to keep, perform and fulfill the promises, conditions and agreements below:

  1. CONSENT TO ASSIGNMENT

  2. The Landlord consents to the Assignment and the transactions contemplated by that Assignment.
  3. The Landlord's consent to the Assignment will not be deemed to be a consent to (i) the terms of the Assignment, (ii) any further assignment of the Premises, (iii) any assignment of any other portion of the Premises, or (iv) the assignment of any portion of the Premises to any other assignor or on any other or different terms than those stated in the Assignment. The Assignor will provide the Landlord with a fully executed copy of the Assignment promptly after execution.
  4. LIABILITY OF ASSIGNOR

  5. The Assignor acknowledges that the Landlord's consent to the Assignment will discharge the Assignor of its obligations under the Lease in the event of a breach by the Assignee.
  6. ASSUMPTION BY ASSIGNEE

  7. The Assignee acknowledges that it has agreed or will agree to assume all of the applicable obligations and responsibilities of the Tenant under the Lease starting from January 20, 2020 until the end of the Term of the Lease.
  8. BINDING EFFECT

  9. This Consent will be binding on and will inure to the benefit of the Landlord, the Assignor, the Assignee and their respective heirs, executors, administrators and successors in interest and assigns.
  10. ASSIGNMENT AND SUBLETTING

  11. The Assignee will not sublet, transfer, or further assign the Premises or any part of the Premises without the prior written consent of the Landlord.
  12. GENERAL PROVISIONS

  13. In the event of any legal action concerning this Consent, the losing party will pay to the prevailing party reasonable attorney's fees and court costs to be fixed by the court and such judgment will be entered.
  14. This Consent will not be valid and binding on the Landlord, Assignor and Assignee unless and until it has been completely executed by all of the parties.

IN WITNESS WHEREOF the Assignor, the Assignee and the Landlord have duly affixed their signatures under hand and seal on this ________ day of ________________, ________.

Landlord:


__________________________
_________________________

Assignor:


__________________________
_________________________

Assignee:


__________________________
_________________________

Landlord's Consent to Lease Assignment Information

What is a Landlord's Consent to Lease Assignment?

With a Landlord's Consent to Lease Assignment, landlords and property managers can give formal approval to tenants who wish to exit their lease agreement and transfer it to a new tenant before the rental term is complete.

In most cases, a tenant must have their landlord's approval before assigning their rights and responsibilities to a new renter and being free of all liabilities.

By obtaining a Landlord's Consent to Lease Assignment, tenants can properly and professionally transfer their entire interest in a lease while ensuring that landlords and property managers can continue to operate their rental property smoothly.

Why do I need the landlord's consent to assign my lease?

Without the proper consent, a landlord is likely to consider an assignee (i.e. the new tenant) to be an unauthorized occupant of the property. In this case, landlords often have the option to evict or remove the unauthorized occupant, terminate the original lease agreement, and hold the original tenant liable for any breached lease terms. However, keep in mind that landlord rights in this situation may vary by state.

Generally, landlords can only refuse consent under reasonable circumstances—a subjective term that courts may define based on the facts of a particular situation. In some states, a tenant may have the option to terminate their lease early if their landlord unreasonably withholds consent to a lease assignment.

If a tenant believes their landlord unreasonably withheld consent, they may be able to seek legal remedies such as filing a claim for damages or getting a court order for consent to be given.

How does transferring a lease work?

Tenants should first check the original lease agreement for clauses that specify how an assignment can take place. In addition, it's important to research how local landlord and tenant laws may affect the enforceability of a Lease Assignment Agreement.

The next step is asking the landlord for consent. With LawDepot's Consent to Lease Assignment template, tenants provide landlords with all of the necessary information to transfer their interest in a lease, including:

  • Information about the original lease
  • The name of the new tenant (i.e. the assignee)
  • The date the assignee takes over the lease

In this agreement, the landlord may also specify whether or not they release the original tenant from all liabilities. Once the landlord signs the consent form to show approval, the tenant can proceed with drafting or executing a Lease Assignment Agreement.

Who prepares the Lease Assignment Agreement?

The original tenant should prepare the Lease Assignment Agreement because the contract is between the assignor and the assignee. The landlord is not a party to this agreement.

The original tenant should attach the Landlord's Consent to Lease Assignment to the Lease Assignment, along with a copy of the original lease.

What is the difference between subletting and assigning a lease?

A lease assignment is where a new tenant takes over a lease, while subleasing is where an original tenant creates a new lease with a subtenant.

With a sublet agreement, the landlord may still consider the original tenant liable for upholding the terms of the lease. For example, if a subtenant misses one month's rent, the original tenant is still responsible for paying the landlord on time.

With an assignment, the landlord can choose to release the original tenant from all liabilities. So, if the new tenant misses a rent payment, the landlord would not seek payment from the original tenant but from the new tenant.

Related Documents:

  • Lease Assignment Agreement: transfers a tenant's entire interest in and obligations under a lease to a third party, who then assumes the rights and responsibilities of the original agreement
  • Landlord's Consent to Sublease Agreement: provides a landlord's formal, written approval to a tenant who wishes to sublease their rental property
  • Commercial Sublease Agreement: allows a tenant to transfer their remaining rights and obligations under a commercial lease to a subtenant, without breaking the original lease
  • Residential Sublease Agreement: allows a tenant to transfer property rights and obligations to a subtenant for some of their residential lease term, without breaking the original agreement

Frequently Asked Questions:

Lease Assignment Agreement FAQ
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