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Sub-letting involves a tenant leasing out all or part of their premises to a third party. Under a sub-letting agreement, the rights and obligations created under the initial lease remain in force. An assignment involves transferring the lease from one party to another.
If the lessee transfers his or her entire remaining interest in the tenancy, then the transfer is known as an assignment. If the lessee transfers only part of his or her interest, then the transfer is known as a sublease.
An assignment is the transfer of one party's entire interest in and obligations under a lease to another party. The new tenant takes on the lease responsibilities, including rent and property maintenance, and the original tenant is released from most (if not all) of its duties.
An assignment is a complete transfer of the tenant's remaining lease term. Any transfer for less than the entire duration of the lease is a sublease.
This clause prohibits the tenant from assigning or subletting all or any portion of its space without the consent of the landlord, which can be withheld by the landlord for any or no reason.
The Disadvantages You are primarily liable ? the landlord will expect you to comply with the tenant's obligations under the lease. Follow up ? because are the tenant, you will need to follow up to ensure the franchisee complies with the Tenant's obligations under the lease.
An assignment will generally be permitted under the law unless there is an express prohibition against assignment in the underlying contract or lease. Where assignments are permitted, the assignor need not consult the other party to the contract but may merely assign the rights at that time.
Subletting means that you find another person to live in your place and pay rent to you, while you remain the original tenant and responsible for the lease. Assigning means that you transfer your lease rights and obligations to another person, who becomes the new tenant and deals directly with the landlord.