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When a tenant signs up to this agreement they may not be aware of certain unforeseen factors which may require them to move out before the end of the lease. If this is the case and they can no longer afford to live in the property they have the option of assigning the lease.
By contrast, an assignment occurs when you transfer all your space to someone else (called an assignee) for the entire remaining term of the lease. As with a sublet, you are free to choose your assignee and determine the rent unless your lease says otherwise.
To complete an assignment of a lease, the assignor and assignee must typically enter into a legal agreement known as a Deed of Assignment. This document outlines the terms of the transfer and ensures that all parties involved are aware of their rights and obligations.
No, lease agreements do not need to be notarized in Virginia. A notary helps establish the identity of the people signing the lease, if there's a claim of fraud, but a notary isn't necessary for a lease to be valid.
Transfer generally refers to titles whereas assignment is used with obligations and rights.
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.
A commercial lease assignment happens when a tenant transfers all of the rights to a lease to someone else but remains liable for rent payments to the landlord.