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Because the original tenant remains in privity of contract with the landlord, the original tenant remains liable for all the covenants in the lease?even after a successful assignment.
An assignment is the total transfer of the lessee's rights to the other party; however, the original tenant is still liable for the rent. The landlord may agree to do a novation or a new lease with the new tenant, but this is not a requirement.
The original renter becomes (legally) a co-tenant to the subletter. In this situation, the original renter is joint and severally liable with the subletter. They become legal co-tenants because it is the landlord who offered the lease to the subletter. The original tenant becomes the landlord to the subletter.
Assignment of Lease As a result, the original tenant (the "assignor") will have to vacate the unit and allow the new tenant to take over all of the leased premises. However, please note that under the terms of most lease agreements, the original tenant will remain responsible for the terms of the lease.
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.
A renewal option is a clause in a financial agreement that outlines the terms for renewing or extending an original agreement. The renewal option appears as a covenant in the original agreement and provides specifications under which the entities can renew or extend the original terms for an additional, specified time.
The Sublessee shall have the right to sublet the whole (but not less than the whole) of the Leased Premises, subject to the condition that the subletting of the Leased Premises shall be subject to the prior written consent of the Sublessor and the Minister, and any Sublease shall comply with the Bylaws.
Lease assignments in commercial real estate carry some risks for the original tenant. Unless the original tenant is fully released from their liability by the landlord, they will be legally liable if the new tenant defaults.