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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.
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.
The Lease Must be in Writing It does not matter if the lease is handwritten or typed.
The landlord's lawyer usually prepares the agreement. However, the outgoing tenant or the incoming tenant pays these costs, not the landlord.
An assignment of a lease is a complete transfer of the right to be the tenant under the lease. The third-party assignee becomes the "tenant" under the lease, taking over all of the leased premises, substituting for the old tenant.
Collect each party's information. Include specifics about your property. Consider all of the property's utilities and services. Know the terms of your lease. Set the monthly rent amount and due date. Calculate any additional fees. Determine a payment method. Consider your rights and obligations.
Names of all tenants. Limits on occupancy. Term of the tenancy. Rent. Deposits and fees. Repairs and maintenance. Entry to rental property. Restrictions on tenant illegal activity.
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.