Lease Assignment Agreement
Preview document - "ASSIGNMENT OF LEASE WITH CONSENT OF LANDLORD"
Frequently Asked Questions
What is the maximum term for which I can make the Lease Assignment?
There is no statutory limit, but the assignment cannot exceed the remaining duration of the original Lease's term.
What does "Continuing liability of assignor" mean?
Whether the assignor is liable for damages if the assignee breaches the terms of the original Lease.If the assignor is not liable for the conduct of the assignee, then the landlord must go after the assignee if the assignee causes damages to the property.However, if the assignor is liable for the assignee's conduct, then the landlord can seek compensation from both the assignor and the assignee for property damage caused by the assignee.
Do I need to create the landlords consent to assign as part of the Lease Assignment?
The landlord's consent to assign should only be included in the Lease Assignment if the landlord has not previously provided a written consent to that assignment.
Do I need the consent of the landlord to assign my Lease to another person?
Unless the original Lease explicitly permits the assignor to assign the Lease, without the landlord's consent, the assignor must obtain the landlord's written consent to assign the Lease.
Do I need to provide the assignee with a lead paint disclosure?
The lead paint disclosure is only required in the Lease Assignment if the original Lease did not contain a lead paint disclosure.
What are the lead disclosure requirements?
Except where the Property was built after 1978 or in certain other limited circumstances, Federal Law (Residential Lead-Based Paint Hazard Reduction Act of 1992, 42 U.S.C. 4852d ) requires that the landlord provide the tenant the pamphlet Protect Your Family from Lead in Your Home (EPA - 747-K-99-001) or an equivalent pamphlet that has been approved for use in your state by the Environmental Protection Agency. It also requires the landlord to disclose certain information regarding lead-based paint and lead-based paint hazards that might exist in the leased property.
What are an agents obligations regarding lead hazards?
The landlord's agent has an obligation to have informed the landlord of its obligations under 42 U.S.C. 4852(d) regarding lead-based paint hazards and to ensure compliance with those requirements.
Who qualifies as an agent?
An agent is defined as a person that is licenced by the state in which the property is located to assist real estate transactions such as property sales, leases, and assignments. An agent is typically either a real estate broker/ sales agent, or an attorney.
How should I write my clause?
An agent is defined as a person that is licenced by the state in which the property is located to assist real estate transactions such as property sales, leases, and assignments. An agent is typically either a real estate broker/ sales agent, or an attorney.
When should I include an additional clause?
In order to reduce confusion, write your clauses with plain language and limit them to one paragraph in length. Also, use any predefined terms such as Tenant, Property, Landlord, etc. in your clauses