New York Short Form Landlord Consent - Assignment of Office Lease

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Multi-State
Control #:
US-OL30042A
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Description

This office lease form illustrates the landlord consent in the form of a short letter from the landlord to its tenant, the sublessor.

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FAQ

Assignment clauses are an important part of commercial leasing. They provide successful tenants an opportunity to sell their businesses and provide failing businesses the possibility of finding replacement tenants in order to avoid breaching their leases.

The original tenant cannot assign more rights than it has under the original lease. For example, if the term of the lease is 1 year, the term of the assignment cannot be 2 years. Most leases will require the landlord's written consent before an assignment becomes effective.

This letter should be sent once the landlord has considered the tenant's application for consent to assign and has decided to allow the assignment to go ahead. If the landlord has decided to withhold consent to the assignment, the Refusal of Consent Letter should be used instead.

Assign a Lease A tenant may not assign the lease without the landlord's written con- sent. The landlord may withhold consent without cause. If the landlord reasonably refuses consent, the tenant cannot assign and is not entitled to be released from the Lease.

When making a request for consent to assign a lease, the Tenant should include all relevant information about the proposed assignee, to enable the Landlord to make a decision. Relevant information is likely to include company details, audited accounts and references.

'Assigning' a lease simply means transferring your lease to another person so that they become the new tenant. Once the assignment has taken place the lease continues to exist and the new tenant becomes liable for all of the tenant's obligations in the lease.

Once the landlord's consent has been obtained, the tenant and assignee can enter into a deed of assignment to transfer the lease to the assignee. If the lease is registered at the Land Registry the assignee will then need to register the assignment at the Land Registry.

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New York Short Form Landlord Consent - Assignment of Office Lease