discussion of lease agreement

What is the Difference Between Subletting and Assignment?

When you lease a home or a commercial space, you may one day find that you do not want to keep renting it. If your lease is up, great, you can leave and find a rental that’s more to your liking. However, if you are in the middle of the lease and do not want to deal with the harsh penalties associated with breaking a lease, you can have someone take it over through a sublet or an assignment. There are some key differences between these two arrangements though, so let a New York City lease dispute lawyer tell you more.

What is Subletting?

Subletting allows someone else to move into your rented property while you live or take your business elsewhere. If you are subletting your space in an apartment or house, you must make a request to your landlord in writing if you want to sublet.

There are also other restrictions around subletting to be aware of. Residents of certain kinds of housing, like rent-controlled apartments, cannot make a subletting agreement, for example. There are also rules about how long a sublease can last and how much you can charge in rent.

What is Assignment?

When you ask for an assignment of your lease to someone else, you are not planning on coming back to the space. An assignment essentially makes the new resident the new tenant. They will be responsible for the property and paying rent. You should just make sure that you get a copy of a new lease agreement that shows that you are no longer responsible for the space and what happens to it.

Does My Landlord Have to Allowed Subletting or Assignment?

When you rent a home, your landlord must allow you to sublet unless they have a good reason not to. If a potential subtenant has poor credit, that can be a valid excuse. You also must notify the landlord if you plan to assign the lease to someone else.

Commercial leases should contain clauses about subletting and lease assignment. It should be clear which is allowed or if neither is an option for a renter.

Can I Still Be Held Responsible For Damage to the Apartment?

This depends on whether you make a sublease agreement or choose an assignment. Assigning the lease to someone else transfers responsibility to them. They pay the landlord rent directly and they are essentially treated as the new tenant for a space.

When you sublease, you are still the tenant. In many cases, the subtenant will pay you rent and you pass along that money to the landlord. If they don’t pay their rent, that’s a problem for you. If they damage the rental, that’s also going to be an issue for you. Subletting a place does not absolve you of responsibility.

Talk to a Landlord-Tenant Lawyer Today

If you have questions about subletting or lease assignment, you can contact Robert Rosenblatt & Associates. We can help you figure out what you are legally allowed to do and address any issues with your landlord that come up.

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