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An assignment occurs when a tenant transfers all of its rights and obligations under the term of the lease to another individual or entity for the entire remaining term of the lease. Essentially, the new tenant takes the place of the old tenant and releases the old tenant of its obligations to the landlord.
In a sublease, there is the landlord/ lessor, the tenant/ sublessor (the party who leased the property from the landlord but is now subleasing the property to a third party), and the sublessee. As a further necessary introduction, there are two forms of relationship between every landlord and tenant.
The difference between assignment and transfer is that assign means it's legal to transfer property or a legal right from one person to another, while transfer means it's legal to arrange for something to be controlled by or officially belong to another person.
A lease is a rental contract between a property owner and a tenant; a sublease is a contract between a tenant and a third party who lives in the rental property during part of the tenant's lease term.
Certain tenants living in social housing may be committing a criminal offence if they sublet their home without their landlord's permission or by going against what it says in their tenancy agreement.
A tenant may not sublet the property unless the landlord agrees. (Montana Code Annotated 70-24-305). Remember, subletting your rental puts you in the position of landlord to the sublettor. You will then have the same obligations and restrictions to the sublettor as the landlord has to you.
You can sublet part of your home with your landlord's written permission. If you sublet part of your home without permission, you are in breach of your tenancy agreement. Your landlord can't unreasonably withhold their consent to a request to sublet part of your home.
The assignment of a lease by the lessee involves a transfer of rights and obligations pertaining to the contract; hence, the consent of the lessor is necessary.
A sublease is a process of renting out a property to a third party by a tenant for a time period of the lease contract of the existing tenant. Lease contracts are contracts between a tenant and the owner of the property.
An assignment of contract occurs when one party to an existing contract (the "assignor") hands off the contract's obligations and benefits to another party (the "assignee"). Ideally, the assignor wants the assignee to step into his shoes and assume all of his contractual obligations and rights.