Assignment of Lease review
Assignment of a commercial or residential lease with landlord consent and assignee assumption.
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What it checks
Assignor / assignee / lease identification
Assignment must identify assignor, assignee, and the underlying lease.
Critical · RE-054
Landlord consent
Most commercial leases require landlord consent to assignment; the assignment should evidence that consent.
Critical · RE-055
Assumption of obligations by assignee
Assignee should expressly assume all tenant obligations under the lease.
Critical · RE-056
Release of assignor (or continuing liability)
Assignment should address whether assignor is released or remains liable.
Warning · RE-057
Effective date of assignment
Assignment must state an effective date.
Critical · RE-058
Security deposit / prepaid rent transfer
Assignment should address transfer of security deposit and any prepaid rent.
Warning · RE-059
Recording / notice to mortgagee
Lease assignments may need to be recorded (memorandum of lease was recorded) and / or noticed to mortgagee under SNDA.
Note · RE-060
Every run also applies 108 general checks that belong to any agreement: structure, parties and signatures, defined terms, cross-references, dates, amounts, and one-sided terms.
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