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Section 2: Assumption of Rights and Duties. In the first, the Assignor is completely released from any liability it had under the Lease. If the Assignee defaults, for example, the Landlord cannot seek payment from the Assignor. In the second, the Assignor will be liable to the Landlord if the Assignee defaults.
An ?assignment of rents? allows the lender to collect the rent payments, if the borrower defaults on their loan payments. Although the lender and borrower may agree to the assignment of rents in the loan documents, the procedure for enforcing the assignment of rent is governed by Section 697.07, Florida Statutes.
Where the landlord reasonably considers that the use proposed by the assignee will result in a breach of user covenant that they could enforce against, it may be reasonable to refuse consent.
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.
Leases generally prohibit assignment of part. Is the new company of good covenant strength? Your lease is likely to contain a right for your landlord to withhold consent to assignment if the proposed assignee is not of sufficient standing to enable it to comply with the tenant obligations in the lease.
Every commercial lease contains an assignment provision that lays out the landlord's and the tenant's rights and obligations in the event that the tenant seeks to ?assign? the lease.