Last Updated February 2, 2024
What is a Landlord's Consent to Lease Assignment?
Landlords may use a Consent to Lease Assignment to give formal approval to a tenant who wishes to assign their interest in a lease agreement to someone new.
Some tenants need to exit their lease before their rental term is complete (e.g. they may have to relocate for work, or perhaps they've chosen to pursue a new opportunity elsewhere). With their landlord's approval, tenants can transfer their rental rights and responsibilities to a new renter without breaking the original contract.
Why do I need the landlord's consent to assign my lease?
Without a Landlord's Consent to Lease Assignment, a tenant risks being held responsible for a breach of contract. Lease Agreements specify who exactly is allowed to live in a rental unit (i.e. the tenants and occupants on the lease). If a landlord discovers that there is an unauthorized occupant, they often have the option to:
- Evict or remove the occupant
- Terminate the original lease agreement
- Hold the original tenant liable for any damages
With a Landlord's Consent to Lease Assignment, tenants can ensure they are released of all liabilities while landlords can continue to operate their rental unit without hiccups.
Can a landlord refuse to assign a lease?
Although it's within a landlord's right to refuse a lease assignment request, they cannot do so unreasonably or arbitrarily. If a landlord refuses to consent, the tenant may wish to evaluate the landlord's reasoning to decide whether or not they should legally challenge the decision.
Be sure to consult your local landlord and tenant authority for more specific information about assigning a lease in your jurisdiction.
How does a lease assignment work?
With LawDepot's Lease Assignment Agreement, a tenant can transfer their rights and interest in a lease to an assignee. The assignee agrees to assume all of the obligations and responsibilities of the original tenant under the lease. Depending on the agreement with the landlord, the original tenant may or may not be held responsible for any breaches of the Lease Agreement.
Before preparing a lease assignment, tenants should first check the original lease agreement for any clauses that specify how an assignment can take place. It's also important to research how local landlord and tenant laws may affect the enforceability of a Lease Assignment Agreement. Finally, tenants should be sure to obtain their landlord's written consent.
Tenants can use LawDepot's Consent to Lease Assignment template as a request letter to their landlord, or landlords can fill out the form in response to a tenant request. Our template prompts you to include all of the necessary information for transferring interest in a lease, including:
- Information about the original lease
- The name of the new tenant
- The date the assignee takes over the lease
- Whether or not the original tenant is released of all liabilities
Once the landlord signs the consent form, the tenant can proceed with drafting or executing a Lease Assignment Agreement.
Who prepares the Lease Assignment Agreement?
The original tenant should prepare the Lease Assignment Agreement because the contract is between the assignor and the assignee. The landlord is not a party to this agreement. However, the original tenant should attach both the Landlord's Consent to Lease Assignment and a copy of the original lease to the Lease Assignment Agreement.
What is the difference between subletting and assigning a lease?
The main difference between subletting and assignment is, when subletting, the original tenant remains attached to the property—they're still the landlord's tenant and the landlord can pursue them if there are any issues. In assignment, a tenant severs their link to the property and transfers the original lease to a new tenant.
Frequently Asked Questions:
Lease Assignment Agreement FAQ 