This office lease form is a clause stating the conditions and situations under which the tenant may not act without written consent of the landlord.
Massachusetts Clause Requiring Landlord Consent
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US-OL21012
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FAQ
An assignment clause is defined as a contract clause that determines whether the transfer of rights or obligations for all or part of a leased space can be re-assigned from the original lessee to a third party, and under what conditions such an action could take place.
If you do not give your landlord permission to enter: the landlord can enter if there are terms of your lease or written tenancy agreement which are legal and give the landlord permission to enter, or. your landlord has a court order.
'Assigning' a lease simply means transferring your lease to another person so that they become the new tenant. Once the assignment has taken place the lease continues to exist and the new tenant becomes liable for all of the tenant's obligations in the lease.
A silent consent clause is a clause in a lease that prohibits assignments or subleases without the consent of the landlord, yet is silent as to the standard on which this could be done.
A lease with a clause the makes a tenant pay a set amount for breaking their lease early is illegal in this state. California caps what the landlord can recover when a tenant breaks a lease; they can only recover the actual damages suffered because of the termination of the lease.
The original tenant cannot assign more rights than it has under the original lease. For example, if the term of the lease is 1 year, the term of the assignment cannot be 2 years. Most leases will require the landlord's written consent before an assignment becomes effective.
A tenant can make a written request at any time to assign their tenancy to someone else. The request should include the contact details of the person being proposed to take over the tenancy. Alternatively, the landlord can find a replacement tenant, although they don't have to do this if they don't want to.
While an assignment divests the assignor of his or her rights in the leased property, unless the landlord consents to the assignment, notice the assignor remains liable to the landlord for rent and any other obligations set forth in the lease agreement.