When you, as a tenant, enter into a lease agreement with a landlord, you agree to use the property for its intended purpose (residential or commercial, depending on the property's class and zoning) for the duration of the agreement.
If you want to exit the agreement early, and the landlord refuses to let you out of the agreement, your only legal recourse is to attempt to assign your end of the lease to another party. As most lease agreements likely forbid an unauthorized assignment, you'll need to get consent from your landlord first.
If you cannot convince your landlord to let you out of the lease with no strings attached, a Consent to Lease Assignment is the only way to get out of a lease agreement scot-free. This document allows you to transfer your existing lease to another party, assuming your landlord approves.
Depending on your state, a Consent to Lease Assignment may also be known as:
In the United States, most lease agreements do not allow a tenant to reassign a lease unless they first obtain a Consent to Lease Assignment from the landlord.
Create your own documents by answering our easy-to-understand questionnaires to get exactly what you need out of your Consent to Lease Assignment.
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Whether you're a landlord or a tenant, preparing a Consent to Lease Assignment is relatively straightforward if you know the local laws and what items to include.
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The landlord is the only party who must sign the consent to make it legally binding. You do not have to get the document notarized or have a witness for the signature.
After you have produced your Consent to Lease Assignment on 360 Legal Forms, you will be able to download it, after which you can print copies. If you're the landlord, sign the document before forwarding it to your tenant. Keep a copy in your records. If you're the tenant, present the document to the landlord for their signature.
A release of assignment is a clause included in a Consent to Lease Assignment that absolves the original tenant of future property damage. Without this statement, the landlord could go after the current tenant for damages if the new tenant turns out to be an irresponsible deadbeat.
A Consent to Lease Assignment transfers the entire lease to a new party. With a Consent to Sublease, the original tenant is still responsible for the lease but sublets to a new tenant to recoup the cost of rent. Both documents require the official, signed approval of the landlord.
As the original tenant, you may want to tell prospective new tenants everything worth knowing about the property to prevent surprises and fruitless efforts. For the more serious prospects, you can offer to show them the original lease or even supply them with a copy. You can even prepare the consent on your part, which may make it easier to get your landlord's approval.
For all residential properties built before 1978, landlords and sellers must supply prospective tenants and buyers with a lead-based paint disclosure. The 1996 Lead-Based Paint Disclosure federal law requires the Environmental Protection Agency and the Department of Housing and Urban Development to enforce this rule, which may apply to a tenant attempting to assign the lease to someone else.
Without a Consent to Lease Assignment, the landlord can sue you and win easily. The standard lease agreement in the United States explicitly forbids reassignment. You must obtain this consent if you want to have any hope of your lease assignment holding up legally.
Generally, the consent does not need to be notarized – the signature alone makes it legally enforceable. An impartial witness may be helpful in the event the signature on the agreement is ever challenged, but a notary is not necessary.
Please Note: The use of a notary ensures that no one challenges any signatures later and is a secure way to firmly establish the effectiveness of your document.
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