Last Updated October 16, 2023
What is a Landlord's Consent to Lease Assignment?
With a Landlord's Consent to Lease Assignment, landlords and property managers can give formal approval to tenants who wish to exit their lease agreement and transfer it to a new tenant before the rental term is complete.
In most cases, a tenant must have their landlord's approval before assigning their rights and responsibilities to a new renter and being free of all liabilities.
By obtaining a Landlord's Consent to Lease Assignment, tenants can properly and professionally transfer their entire interest in a lease while ensuring that landlords and property managers can continue to operate their rental property smoothly.
Why do I need the landlord's consent to assign my lease?
Without the proper consent, a landlord is likely to consider an assignee (i.e. the new tenant) to be an unauthorized occupant of the property. In this case, landlords often have the option to evict or remove the unauthorized occupant, terminate the original lease agreement, and hold the original tenant liable for any breached lease terms. However, keep in mind that in this situation landlord rights may vary by state.
Generally, landlords can only refuse consent under reasonable circumstances—a subjective term that courts may define based on the facts of a particular situation. In some states, a tenant may have the option to terminate their lease early if their landlord unreasonably withholds consent to a lease assignment.
If a tenant believes their landlord unreasonably withheld consent, they may be able to seek legal remedies such as filing a claim for damages or getting a court order for consent to be given.
How does transferring a lease work?
Tenants should first check the original lease agreement for clauses that specify how an assignment can take place. In addition, it's important to research how local landlord and tenant laws may affect the enforceability of a Lease Assignment Agreement.
The next step is asking the landlord for consent. With LawDepot's Consent to Lease Assignment template, tenants provide landlords with all of the necessary information to transfer their interest in a lease, including:
- Information about the original lease
- The name of the new tenant (i.e. the assignee)
- The date the assignee takes over the lease
In this agreement, the landlord may also specify whether or not they release the original tenant from all liabilities. Once the landlord signs the consent form to show approval, 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.
The original tenant should attach the Landlord's Consent to Lease Assignment to the Lease Assignment, along with a copy of the original lease.
What is the difference between subletting and assigning a lease?
A lease assignment is where a new tenant takes over a lease, while subleasing is where an original tenant creates a new lease with a subtenant.
With a sublet agreement, the landlord may still consider the original tenant liable for upholding the terms of the lease. For example, if a subtenant misses one month's rent, the original tenant is still responsible for paying the landlord on time.
With an assignment, the landlord can choose to release the original tenant from all liabilities. So, if the new tenant misses a rent payment, the landlord would not seek payment from the original tenant but from the new tenant.
