This essay focuses on the right to possession. If any time or interest is reserved by a tenant assignor then the act is not an assignment, but is instead a sublease.
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However, special duties and liabilities attach to transfers of the right to possess property. With an assignment, the assignor transfers the complete remainder of the interest to the assignee. The assignor must not retain any sort of reversionary interest in the right to possess. The assignee’s interest must abut the interest of the next person to have the right to possession. If any time or interest is reserved by a tenant assignor then the act is not an assignment, but is instead a sublease.
The liability of the assignee depends upon the contract formed when the assignment takes place. However, in general, the assignee has privity of estate with a lessor. With privity of estate comes the duty on the part of the assignee to perform certain obligations under covenant, e.g. pay rent.
If the assignor agrees to continue paying rent to the lessor right to possession and subsequently defaults. The lessor can sue both the assignor under the original contract sign with the lessor. As well as the assignee because by taking possession of the property interest. The assignee has oblige himself to perform duties under covenant such as the payment of rent.
Unlike a Novation where consent of both the lessor and lesse is require for the third party. To assume all obligations and liabilities of the original lessee. An assignment does not always need the consent of all parties. If the contract right to possession terms state specifically that the lessor’s consent is not need to assign the contract.
Absent language to the contrary, a tenant may assign their rights to an assignee without the landlord’s consent. In the majority of jurisdictions, when there is a clause that the landlord may withhold consent to an assignment. The general rule is right to possession that the landlord may not withhold consent unreasonably. Unless there is a provision that states specifically that the Landlord may withhold consent at Landlord’s sole discretion.