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An assignment of lease, including a sub-lease, is a transfer of the lease by the lessee, ie the assignor, to a new lessee, ie the assignee. The lessor is usually not a party to the assignment.
Capital leases transfer ownership to the lessee while operating leases usually keep ownership with the lessor. For accounting purposes, short-term leases under 12 months in length are treated as expenses and longer-term leases are capitalized as assets.
A lease assignment agreement is a formal agreement transferring a tenant's rights and obligations to a new tenant. A lease subletting agreement is a more flexible arrangement that involves a lessee allowing an additional tenant to use the leased space, often on a temporary or short-term basis.
Because they are both a form of lease, they have one thing in common. That is, the owner of the equipment (the lessor) provides to the user (the lessee) the authority to use the equipment and then returns it at the end of a set period.
Typically, assets that are rented under operating leases include real estate, aircraft, and equipment with long, useful life spanssuch as vehicles, office equipment, and industry-specific machinery.
An equipment lease agreement is a contractual agreement where the lessor, who is the owner of the equipment, allows the lessee to use the equipment for a specified period in exchange for periodic payments. The subject of the lease may be vehicles, factory machines, or any other equipment.
An assignment of leases and rents is used to create a security interest in the rent and other income generated by real property securing a commercial real estate loan.
Leasing works like a rental agreement. You pay the equipment's owner a set fee every agreed period and you can use the asset as though it was your own. Under a lease, nobody else can use the equipment without your permission and for all intents and purposes, it's as though you own the piece of equipment.
An assignment ensures the complete transfer of the rights to the property from one tenant to another. The assignor is no longer responsible for rent or utilities and other costs that they might have had under the lease. Here, the assignee becomes the tenant and takes over all responsibilities such as rent.
Capital Lease / Finance Lease / $1 Buyout Finance type lease may not qualify under I.R.S. regulations for deductibility. The lessee is considered the owner of the equipment (unlike an FMV lease) and maintains full control of the residual value. The lessee can depreciate the equipment.