Free Landlord's Consent to Lease Assignment

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Landlord's Consent to Lease Assignment

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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 October 25, 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 October 25, 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 October 25, 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?

Landlords may use a Consent to Lease Assignment to give formal approval to a tenant who wishes to assign their interest in a lease agreement to someone new.

Some tenants need to exit their lease before their rental term is complete (e.g. they may have to relocate for work, or perhaps they've chosen to pursue a new opportunity elsewhere). With their landlord's approval, tenants can transfer their rental rights and responsibilities to a new renter without breaking the original contract.

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

Without a Landlord's Consent to Lease Assignment, a tenant risks being held responsible for a breach of contract. Lease Agreements specify who exactly is allowed to live in a rental unit (i.e. the tenants and occupants on the lease). If a landlord discovers that there is an unauthorized occupant, they often have the option to:

  • Evict or remove the occupant
  • Terminate the original lease agreement
  • Hold the original tenant liable for any damages

With a Landlord's Consent to Lease Assignment, tenants can ensure they are released of all liabilities while landlords can continue to operate their rental unit without hiccups.

Can a landlord refuse to assign a lease?

Although it's within a landlord's right to refuse a lease assignment request, they cannot do so unreasonably or arbitrarily. If a landlord refuses to consent, the tenant may wish to evaluate the landlord's reasoning to decide whether or not they should legally challenge the decision.

Be sure to consult your local landlord and tenant authority for more specific information about assigning a lease in your jurisdiction.

How does a lease assignment work?

With LawDepot's Lease Assignment Agreement, a tenant can transfer their rights and interest in a lease to an assignee. The assignee agrees to assume all of the obligations and responsibilities of the original tenant under the lease. Depending on the agreement with the landlord, the original tenant may or may not be held responsible for any breaches of the Lease Agreement.

Before preparing a lease assignment, tenants should first check the original lease agreement for any clauses that specify how an assignment can take place. It's also important to research how local landlord and tenant laws may affect the enforceability of a Lease Assignment Agreement. Finally, tenants should be sure to obtain their landlord's written consent.

Tenants can use LawDepot's Consent to Lease Assignment template as a request letter to their landlord, or landlords can fill out the form in response to a tenant request. Our template prompts you to include all of the necessary information for transferring interest in a lease, including:

  • Information about the original lease
  • The name of the new tenant
  • The date the assignee takes over the lease
  • Whether or not the original tenant is released of all liabilities

Once the landlord signs the consent form, 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. However, the original tenant should attach both the Landlord's Consent to Lease Assignment and a copy of the original lease to the Lease Assignment Agreement.

What is the difference between subletting and assigning a lease?

The main difference between subletting and assignment is, when subletting, the original tenant remains attached to the property—they're still the landlord's tenant and the landlord can pursue them if there are any issues. In assignment, a tenant severs their link to the property and transfers the original lease to a 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
  • 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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