😀
Real Property • Landlord-Tenant
PROP#087
Legal Definition
Leaseholds are always alienable, unless there is a restriction in the lease. An assignment is a complete transfer of the entire remaining term.
Plain English Explanation
An assignment of a lease means that someone has transferred their property interest to someone else. In other words, if Amy has a 6 month lease in Blackacre, she can assign her lease to Carl, who then has a 6 month lease in Blackacre. This is generally allowed unless it is explicitly restricted in the terms of the lease.
Note that an "assignment" technically requires the complete transfer of a tenant's remaining term. In other words, if Amy has 5 months left in her lease, an assignment requires her to transfer all 5 months. If she only transfer 2 months of her lease (or any amount less than the complete remainder), this is known as subletting or subleasing, which is covered in another card.
Note that an "assignment" technically requires the complete transfer of a tenant's remaining term. In other words, if Amy has 5 months left in her lease, an assignment requires her to transfer all 5 months. If she only transfer 2 months of her lease (or any amount less than the complete remainder), this is known as subletting or subleasing, which is covered in another card.
Visual Aids
Related Concepts
How do lease covenants affect a landlord-tenant relationship where one party breaches?
How may a landlord waive a covenant prohibiting assignment?
If a leasehold is condemned or taken via eminent domain, what is the effect on a tenant's duty to pay rent?
If an assignment occurs, what is the relationship between the assignee and the landlord?
If a tenant breaches one or more of their duties, what remedies are available to the landlord?
If a tenant violates a covenant against assignment or sublease, what remedies are available to the landlord?
In a landlord-tenant relationship, who has a duty of restoration when the premises being leased are destroyed due to no fault of either party?
In assessing a landlord's tort liability, what six duties does a landlord have to make the premises safe?
In assessing a landlord-tenant relationship, what are the landlord's duties?
In assessing a landlord-tenant relationship, what are the tenant's duties?
In assessing a landlord-tenant relationship, what is the result of a tenant's covenant to repair?
What are the exceptions to the hold-over doctrine?
What constitutes a constructive eviction?
What constitutes an actual eviction?
What constitutes a partial eviction?
What is a landlord's duty to deliver possession?
What is a landlord's duty to provide quiet enjoyment?
What is a landlord's duty to repair?
What is a leasehold estate?
What is a periodic tenancy and how does it terminate?
What is a retaliatory eviction?
What is a sublease?
What is a tenancy at sufferance and how does it terminate?
What is a tenancy at will and how does it terminate?
What is a tenancy for years and how does it terminate?
What is a tenant's duty to not use the premises for an illegal purpose?
What is a tenant's duty to pay rent, and how does it affect their security deposit?
What is a tenant's duty to repair?
What is the hold-over doctrine?
What is the implied warranty of habitability, and what remedies are available to the tenant if breached?
When does a covenant run with the land?
When does a tenant cause ameliorative waste?
When does a tenant cause permissive waste?
When does a tenant cause voluntary waste?
