Hawaii Assignment of Apartment Lease by Way of Exchange

An assignment of a lease is a complete transfer of the right to be the tenant under the lease. The third-party assignee becomes the "tenant" under the lease, taking over all of the leased premises, substituting for the old tenant.

In some circumstances, a tenant can break a fixed-term agreement early without penalty. A tenant can give 14 days' written notice to end an agreement early without penalty if: they have accepted an offer of social housing (e.g. from DCJ Housing)

Step 1: Obtain a Written Request. Invite the tenant to submit in writing the request to add another person to the lease. Step 2: Check the Property's Occupancy Limit. Step 3: Acquire a Completed Rental Application. Step 4: Make a Decision. Step 5: Review the Details With the Tenants.

Read your rental agreement. Talk to your landlord. Find a new renter. Consider termination offers. Be prepared to pay. Check with local tenants' unions. Get everything in writing. Seek legal advice.

Notice to terminate a week-to-week lease. 10 days (§521-71(d)). Notice to terminate a month-to-month lease. 28 days' notice in writing (A§521-71(b)).

Assignment" means that another person takes over your lease obligation and your relationship with your landlord. If you are able to assign your tenancy, your relationship with the landlord will be legally finished and you will not be responsible for any future payments to your landlord.

Check local laws. Check local laws to see if your landlord is required to mitigate damages caused by unpaid rent. Check your landlord's policies. Find a replacement tenant. Make sure the potential tenant is qualified. Prepare an assignment agreement. Submit your request for landlord consent. Execute your agreement.

With sub-letting, the original tenant remains the tenant and as 'head tenant' you will have various responsibilities. A head tenant is essentially the landlord of the sub-tenant.With an assignment, you will have no responsibilities as the original tenant from the date of assignment.

This might include financial statements, business history and professional references; and. there is an agreement about who is liable for the costs of the deed of assignment. The landlord's lawyer usually prepares the agreement. However, the outgoing tenant or the incoming tenant pays these costs, not the landlord.