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Definition of "Assignment of Rent" An Assignment of Rent is a document needed when a mortgaged property is being rented. It enables the lender to collect the rent if the mortgage is defaulted upon.
An assignment is when the tenant transfers their lease interest to a new tenant using a Lease Assignment. The assignee takes the assignor's place in the landlord-tenant relationship, although the assignor may remain liable for damages, missed rent payments, and other lease violations.
There is an agreement about who is liable for the costs of the deed of assignment. The landlord's lawyer usually prepares the agreement. However, the outgoing tenant or the incoming tenant pays these costs, not the landlord.
The difference between assignment and transfer is that assign means it's legal to transfer property or a legal right from one person to another, while transfer means it's legal to arrange for something to be controlled by or officially belong to another person.
An assignment is the complete transfer of one party's interest in an agreement to a third party. In this case, the original tenant is giving all of his or her interest to a new tenant.
An assignment of a lease is a complete transfer of the right to be the tenant under the lease.This means that the tenant remains liable for monthly rent under the original lease, while collecting rent from the subtenant under the sublease, which may be more, less or the same as the rent due under the main lease.
If the lease is silent on the point, an assignment of part will be permitted.
Sometimes called Assignment of Leases, Rents and Profits or simply Assignment of Rents, this is a document attached to a mortgage loan agreement which entitles the lender to any income (from leases, rents, etc.) derived from the property once the owner defaults on the loan.