Oregon Consent to Assignment by Lessor

State:
Multi-State
Control #:
US-OG-039
Format:
Word; 
Rich Text
Instant download

Description

Some leases require the consent of the lessor to any assignment to be made of a lease by the lessee. This form provides for that consent, specifically providing that it will not be deemed a consent to any subsequent assignments made of the lease.

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FAQ

Most negotiated leases will instead contain a provision requiring that landlord's consent to an assignment is required, but such consent will not be unreasonably withheld. The tenant will likely also try to include landlord's obligation to not unreasonably delay or condition its consent.

Lessor may sell or assign its rights and interests or grant a security interest in this Lease and the Equipment for purposes of securing loans to Lessor or otherwise, and may also sell and assign its title and interest as owner of the Equipment and/or as Lessor under this Lease.

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.

As a general rule, retail leases prohibit tenants from assigning the lease to an assignee or subleasing the premises to a subtenant (each referred to herein as a ?Transfer?) unless the landlord consents in writing to such Transfer.

An assignment occurs when a tenant transfers all of its rights and obligations under the term of the lease to another individual or entity for the entire remaining term of the lease. Essentially, the new tenant takes the place of the old tenant and releases the old tenant of its obligations to the landlord.

When making a request for consent to assign a lease, the Tenant should include all relevant information about the proposed assignee, to enable the Landlord to make a decision. Relevant information is likely to include company details, audited accounts and references.

A lease assignment occurs when a tenant fully transfers their lease to another party. This is particularly important for tenants who wish to get out of their leases early due to financial issues, especially if a landlord does not allow subleases.

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Oregon Consent to Assignment by Lessor