Lease Assignment Agreement

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Updated Oct 13, 2023
~ 7 pages
A lease assignment occurs when a tenant transfers their interests and all the rights they possess in a lease to a new tenant. A lease assignment is different from the more commonly known sublease. With a lease assignment, the tenant transfers the name of the lease to someone else. Make your legally binding lease assignment agreement template on Lawrina and use it to resolve your critical legal matters in a flash.

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Template Description

Paper titled "Lease Assignment Agreement"; women talking near a house

A lease assignment agreement is a legal document that can help you transfer property rights from yourself to a new tenant when you are under a lease. For example, you may transfer the lease to another person when leasing property. You can do this using an assignment of a lease agreement.

However, you must ensure that it is a document you can enforce in a court of law. When coming up with it, there are many considerations. Find a reliable lease assignment agreement template on Lawrina to create a legally binding and enforceable agreement.

What Is a Lease Assignment Agreement?

A lease assignment agreement is a contract you can enter into to transfer your lease obligations and rights to another person. You can do this to avoid continuing lease obligations. The transfer of these rights is what legal experts call assignment. It is common when a tenant intends to relocate or faces financial difficulties.

A lease assignment agreement helps formalize this process. 

Parties of the Lease Assignment Agreement

Three parties play a crucial role in the lease assignment agreement. They are:

  • Assignor: The original tenant transfers their rights to a new tenant. For example, if you are leasing and transferring your rights to a new tenant, you are the assignor.

  • Assignee: The term denotes the new person receiving the rights from the old tenant. In the example above, the person you transfer the rights to is the assignee.
  • Landlord: The landlord is the property owner (can also be a company). In some instances, you may require the owner's consent before you transfer your rights as a tenant.

Key Terms

The article has already detailed two essential terms in a legal assignment agreement (assignor and assignment). Other terms vital for this agreement are:

  • Effective Date: The date on which the lease assignment becomes legally effective.

  • Assignee’s Acceptance: The confirmation that the assignee agrees to abide by all the rights and responsibilities of the lease.

  • Release of Assignor: A clause outlining whether the assignor will be released from all lease obligations after the assignment. This is subject to the assignee’s compliance with the lease terms.

  • Jurisdiction: The jurisdiction whose laws govern the interpretation and enforcement of the lease assignment agreement.

  • Continuation of Lease Terms: It stipulates that all other terms and agreements, not explicitly altered by the assignment agreement, remain in effect.

How Lease Assignment Works

A lease assignment agreement can allow you to transfer your rights, responsibilities, and obligations. For example, if you want to move your business to a new location other than where you are leasing, you can transfer the duties and rights of that lease to another person.

An assignment of lease agreement can have different clauses; for example, it can require you to seek consent from the landlord. 

What Is Included In A Lease Assignment Agreement?

In a typical lease assignment agreement, you will find the following:

  1. Parties: The contract should identify the assignor, the assignee, and the landlord. It should include their names and other key indicators such as social security numbers.

  2. Property Details: It should specify the property’s address and describe the leased premises.

  3. Original Lease Terms: The agreement should detail specifics about the original lease, including the lease start and end dates, security deposit, rent amount, and other specific lease provisions. The contract should be unambiguous.

  • Assignment Terms: This section details the terms and conditions of the lease assignment. These details can include the effective date of the assignment and landlord requirements, if there are any.

  • Consent of the Landlord: In the agreement, you must stipulate whether the landlord has consented. Do this to avoid trouble down the road.

  • Indemnification: The agreement may include a section whereby the old tenant (assignor) agrees to indemnify the landlord if the new tenant fails to meet the lease obligations. A landlord may insist on this because it is a safety net for them.

  • Signature: It is necessary for all parties involved to sign and date the document.

Types Of Lease Assignments

The lease assignments differ depending on the unique circumstances leading to the assignment of the lease agreement. The most typical types of lease assignment agreements include the following:

  • Full Lease Assignment: There is a complete transfer of rights and responsibilities under the original lease to the assignee from the assignor.

  • Partial Lease Assignment: The transfer of specific lease rights or a portion of the leased premises to the assignee. Therefore, the original tenant still retains control over the property.

  • Temporary Assignment: The original tenant transfers their rights for a specific period. In such a case, the assignor intends to reoccupy the premises when the period ends.

  • Automatic Assignment: This happens when a lease agreement, including provisions, assigns the lease to a specific party under certain circumstances.

Assigning a Lease vs. Subletting a Lease

There are two options  to help you transfer your rights and responsibilities of a lease. You can either sublet or assign a lease. Subletting a lease involves having a tenant enjoy the rights and have responsibility for the lease, but there is no direct relationship between the landlord and the new tenant. The tenant pays rent to you, not the landlord.

However, for assigning a lease, there is a direct relationship between the new tenant and the landlord. In this case, you relinquish your relationship with the landlord. As the old tenant, you don’t have any relationship with the new tenant and landlord.

Advantages Of Lease Assignment Agreements

A lease assignment agreement is an essential agreement, and it offers various advantages such as:

  • Maintaining Control: Allows tenants to be in control of where they rent. You don’t need to be tied down by lease obligations when you can assign such obligations to another new tenant through a lease assignment agreement. An example is when you want to relocate to another city or change where you live; you can use this agreement to transfer responsibilities and rights and move to your desired location.

  • Financial Relief: Sometimes, you can be strained financially and unable to fulfill your lease financial obligations. The lease assignment agreement can offer you financial relief by helping you assign those lease obligations to a new tenant.

  • Streamlined Process: A lease assignment agreement involves less paperwork. It is a very straightforward process. Also, it is easy to draft, as you can see from the lease assignment agreement template. 

How To Create a Lease Assignment Agreement

Creating a lease assignment agreement requires attention to detail and clarity. Here are the steps you can follow when drafting one:

1. Begin With Some Clarity Over the Assigned Date

Specify the effective date of the assignment. This date marks when the assignee assumes responsibility for the lease.

2. Come to Terms With the Master Lease’s Basic Terms

The lease assignment agreement should clearly outline the terms and conditions of the original lease, including rent amount, security deposit, and any specific provisions. Including these terms in the lease agreement assignment ensures clarity of the new tenant's responsibilities. It helps avoid confusion or conflict between the landlord and the new tenant.

3. Clarify Any Covenants Regarding the Master Lease

Highlight any obligations, restrictions, or covenants from the original lease the assignee must uphold. One example of a covenant is that the lease requires you to keep the garden in good shape. Remember to inform new tenants of these covenants, if they exist.

4. State The Default And Nonpayment Recourse

Detail the consequences of lease violations, including defaults and nonpayment of rent, to protect both parties' interests. Some agreements may include alternative dispute settlement clauses. The new tenant should be aware of what to expect.

5. Proofread the Document

Ensure the lease assignment agreement is error-free and inconsistencies-free to prevent future disputes. It is advisable to seek a second set of eyes to help proofread the document because sometimes you may need help spot the errors. It would help if you got a lawyer as they can inform you of whether the document complies with relevant laws and regulations.

6. Gain the Consent of the Stakeholders

If the original lease requires the landlord’s consent for assignment, obtain it in writing before proceeding. The landlord's consent is vital in such instances. If it lacks, the legal assignment agreement may be considered invalid and not recognized by the law.

When To Use A Lease Assignment Agreement

A lease assignment agreement is typically used in the following scenarios:

Common Use Cases

  • When a tenant wishes to transfer their lease to another party permanently, a tenant may enter into a lease assignment agreement when relocating permanently. Doing this helps the tenants alleviate the burden of paying for a space they are not using.

  • When the tenant needs to exit the lease before its expiration.

  • In business settings, when a company wants to assign a lease to another entity due to mergers or relocations.

When Not To Use A Lease Assignment Agreement

Avoid using a lease assignment agreement when:

  • The lease explicitly prohibits assignment.
  • The landlord does not consent to the assignment (if required).
  • The tenant wants to retain control over the leased space.

Legal Disclaimer

Please note that Lawrina does not provide any legal services. The information on Lawrina’s Site and its downloadable content, including legal articles and templates, shall not be considered legal advice and is not guaranteed to be correct, complete, and up-to-date. If you require legal advice on your issue, we recommend you contact a qualified attorney licensed in your state. You personally assume full responsibility for any consequences, damages, and costs associated with your use of any content of Lawrina Services available on Lawrina’s Site. 

By using Lawrina’s Site you agree with mentioned above and give your irrevocable consent to comply with and to be bound by the provisions of Lawrina Service terms.

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Frequently Asked Questions

How can I use an assignment of lease agreement?

To use an assignment for a lease agreement, follow these steps:

  • Create a lease assignment agreement detailing the transfer of lease rights and obligations.
  • Obtain any required landlord consent.
  • Ensure both parties understand and agree to the terms.
  • Sign and date the lease assignment agreement.
Is a landlord's consent required for a lease assignment?

In many cases, yes. Lease agreements often require the landlord's written consent for a lease assignment to be valid. Check the original lease terms and local laws for specific requirements.

Who is liable in an assigned lease?

The assignee (new tenant) becomes primarily liable for fulfilling lease obligations in an assigned lease. However, depending on the lease assignment agreement, the assignor (original tenant) may still have some residual liability.