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An assignment and assumption of lease is a legal real estate document that allows one party to transfer rights and obligations of a lease to another party. Often used in real estate transactions and mortgage lending, the assignment and assumption of lease agreement requires the landlord to consent to move forward.
Assignment of Lease From Seller to Buyer In case of a residential property, a landlord can assign his leases to the new buyer of the building. The landlord will assign the right to collect rent to the buyer. This will allow the buyer to collect any and all rent from existing tenants in that property.
Consent to assignment refers to allowing a party of a contract to assign a contract and move the obligations to another party. The party of the existing contract, known as the assignor, will pass on the contract to another party, known as the assignee.
Typically, a Lease Assignment will contain information regarding:The type of lease (residential or commercial)The property's location.Details about the assignor, assignee, and landlord.The original lease term (start and end dates)The start date of the lease transfer.More items...
Assignment provisions in commercial leases are heavily negotiated and very important to both landlords and tenants. When a tenant's interest in a lease is assigned, the tenant is transferring its entire leasehold interest and 100% of the leased premises to a third party for the entire remaining term of the lease.