Sublease Vs Assignment

Sublease Vs Assignment-76
If the subtenant fails to pay the rent, you have the power to terminate the sublease, evict the subtenant, and retake the space, just as your landlord can do to you.

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When you assign your lease, the person taking over the lease assumes all the rights and responsibilities you had as a tenant toward the landlord.

You no longer have any rights under the lease or responsibilities toward the landlord.

If repairs are needed and the landlord doesn’t do them, the sub-tenant can ask you to do the repairs.

You also have to make sure the sub-tenant can live in the apartment peacefully. The law says that there are three situations in which you cannot assign your lease or sublet: If you are in a situation that lets you assign your lease or sublet you must send your landlord a notice of assignment or sublet, once you have found a potential tenant.

You transfer your lease to someone else and have no further responsibilities as a tenant under the lease.

Subletting, on the other hand, can be a temporary arrangement.

In a sublet, the person to whom you sublet – the subtenant – becomes the temporary tenant under the lease and has all the rights of a tenant, except the right of “occupancy”.

This means that as the original tenant, you can return at the end of the sublease.

If you are the person subletting to a subtenant, you are still responsible for the lease.

If the subtenant does not pay the rent, you are responsible for paying it.


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