Main Content
Assignment and Subletting
Assignment and subletting are two similar terms that essentially mean that either the landlord or the tenant is replacing themselves with a new party to the matter. Sometimes there is a legal right to do this, sometimes not – a better contract will usually indicate that the landlord has the right to transfer the contract to a new landlord without asking, while the tenant must obtain written agreement. While this seems one sided, in a way, it makes sense. The tenant has a right to lease the space, and to keep that lease even if the landlord sells the premises or a new landlord manages the premises. The tenant still has the right to the lease. However, tenants are often screened carefully for ability to pay and desirability. Therefore, a new tenant coming in without the landlord’s ability to review could result in a less financially secure tenant.
This book, and all H2O books, are Creative Commons licensed for sharing and re-use with the exception of certain excerpts. Any excerpts from the Restatements of the Law, Principles of the Law, and the Model Penal Code are copyright by The American Law Institute. Excerpts are reproduced with permission, not as part of a Creative Commons license.