Glossary → Leases & Real Estate
Leases & Real Estate

Assignment & Subletting

Whether you can transfer your lease to someone else.

Assignment and subletting clauses control whether you can hand your lease to someone else. Assignment transfers the whole lease to a new tenant; subletting rents part or all of the space while you stay on the hook. Most leases require the landlord’s consent — and the exact wording decides how much power the landlord has to say no.

In practice

“Tenant shall not assign or sublet without Landlord’s prior written consent.”

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Consent that can’t be unreasonably withheld

The key phrase is whether consent may be withheld in the landlord’s “sole discretion” or only where it is “not unreasonably withheld.” The second is far friendlier — it lets you challenge an arbitrary refusal. Also check whether you stay liable after assigning (you usually do, unless released in writing) and whether subletting is barred outright. If you might need to leave early, these terms decide whether you can replace yourself or stay responsible for rent through the end of the term.

See this in your own document: run a free analysis — findings quote the exact language.

What it looks like in a real document

“Any assignment without consent is void, and Tenant remains liable for all obligations through the lease term.”

That continuing-liability line means assigning doesn’t free you unless the landlord releases you in writing. Ask for a release, and for consent “not to be unreasonably withheld.”