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What is assignment of a lease? The process of assignment of a lease is essentially selling the lease to a third party (the assignee). If you are a commercial property tenant, your contract likely contains a clause that allows you to assign your lease to a new tenant.
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 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.
Can the Landlord refuse consent? If the lease is silent on assignments, the tenant is free to assign without the landlord's consent.
You can ask either to assign or sublet your unit to a specific person, or simply to be given the general right to assign or sublet.
Simply put, it is a transfer of an existing lease by the current tenant to a new tenant with the consent of the landlord. Let's see how this works in practice. To begin with, there should be an existing lease between a landlord and tenant. And the Assignee. The Assignee is the crucial factor that makes Assignment work.