Oregon Assignment of Lease and Assumption of Lessee's Obligations with Consent of Lessor
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FAQ
A Lease Assumption Agreement is a legal contract effecting an agreement between two parties, whereby the Assignee agrees to assume the responsibilities, interests, rights, and obligations of the Tenant with respect to the already existing Lease Agreement between the Landlord and Tenant.
Consent to assignment refers to allowing a party of a contract to assign a contract and move the obligations to another party. The party of the existing contract, known as the assignor, will pass on the contract to another party, known as the assignee.
In a contract for deed situation, it would generally be unreasonable for the vendor to refuse an assignment or to demand a share in the profits where the assignee is as good a credit risk, if not better, as the assignor-vendee.
A landlord cannot unreasonably or arbitrarily refuse consent to an assignment of a rental unit to a potential assignee.
Mortgage assignment, usually involving a mortgage lender, is very different from mortgage assumption, involving a homebuyer. Mortgage assignments occur when the original lender transfers the mortgage loan to a third party.
A landlord cannot refuse consent to assign on grounds which have nothing to do with the relationship of landlord and tenant with regard to the lease of the premises. Generally, a landlord cannot refuse consent simply because the landlord is able to identify a breach of covenant in the lease.
Also called an assignment and assumption. An agreement in which one party transfers its contractual rights and obligations to another party.
Generally, a landlord need only consider its own interests but, if there is such a disproportion between the benefit to the landlord and the detriment to the tenant in refusing consent, then it may be unreasonable to withhold consent (International Drilling Fluids).
The Assignment and Assumption Agreement An assignment and assumption agreement is used after a contract is signed, in order to transfer one of the contracting party's rights and obligations to a third party who was not originally a party to the contract.
An assignment and assumption of lease is a legal real estate document that allows one party to transfer rights and obligations of a lease to another party. Often used in real estate transactions and mortgage lending, the assignment and assumption of lease agreement requires the landlord to consent to move forward.