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Maine Commercial Lease Assignment from Tenant to New Tenant

State:
Maine
Control #:
ME-852LT
Format:
Word; 
Rich Text
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Description

Assignment of Commercial Lease from Tenant to new Tenant, with Landlord Remaining Unchanged. This agreement provides for the initial Tenant to either be joint and severally liable or not, depending upon the agreement reached between the parties.


Assignment in legal terms means the transfer of a property right or title to some particular person under an agreement, usually in writing. Unless an assignment is qualified in some way, it is generally considered to be a transfer of the transferor's entire interest in the estate, chattel, or other thing assigned. An assignment is distinguished from a grant in that an assignment is usually limited to the transfer of intangible rights, including contractual rights, choses in action, and rights in or connected with property, rather than, as in the case of a grant, the property itself. Some contracts restrict the right of assignment, so the terms of the contract must be read to determine if assignment is prohibited. For example, a landlord may permit a lease to be assigned, usually along with an assumption agreement, whereby the new tenant becomes responsible for payments and other duties of the original lessee.

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FAQ

If the commercial tenant is a shell corporation and/or does not have any assets of value, the commercial tenant may choose to walk away from its commercial lease obligations.Often the landlord will require guarantees in order to prevent a commercial tenant from walking away from its lease obligations.

In general, it is illegal in the United States to employ someone to do work but not pay him/her. Not so with lease takeovers. When you do a lease takeover, you have to realize that what you are doing is working to find your landlord another tenant. And that is something landlords pay leasing agents to do.

Landlords can try and forfeit a lease if a tenant is in breach of their obligations (this assumes that the lease document includes a right to forfeit).If a commercial lease contains a break clause, either or both parties to the agreement may seek to terminate the lease before its fixed period has ended.

Though landlords must scrupulously respect tenants' rights, one thing they don't have to do is automatically renew tenant's leases. In fact, except for discriminatory or retaliatory reasons, landlords of rental properties can refuse to renew tenant leases as it suits them.

Can the landlord refuse consent to an Assignment? Most leases will say that the Landlord cannot unreasonably withhold consent. According to section 19 (1A) of the Landlord and Tenant Act 1927 the landlord can insert conditions in the lease, which need to be met in the case of an assignment.

What happens if a leased property is sold to another owner during the lease term?The lease will continue to apply to the subsequent owner if so stated in the lease. Or the lease may require that upon transfer, the lease terminates and the existing owner compensates the tenant per the terms in the lease.

What is an Assignment? Simply put, it is a transfer of an existing lease by the current tenant to a new tenant with the consent of the landlord. Let's see how this works in practice. To begin with, there should be an existing lease between a landlord and tenant.

Anyone renting a building, whether for commercial or personal use, has the right to privacy. You are entitled to do anything on the property that you wish, so long as whatever you are doing is legal. The landlord cannot prevent you from operating your business nor from allowing guests or patrons on the property.

Whatever the reason, tenants can transfer their lease interests to new parties by completing an assignment of the lease. An assignment is the transfer of one party's entire interest in and obligations under a lease to another party.

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Maine Commercial Lease Assignment from Tenant to New Tenant