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Real Property • Landlord-Tenant
PROP#091
Legal Definition
In the event of an invalid assignment or sublease, the landlord may terminate the lease and sue for damages. However, covenants against assignment and sublease are strictly construed against the landlord, so a covenant prohibiting assignment does not prohibit a sublease and vice-versa.
Plain English Explanation
Landlords have the right to include terms in their lease that prohibit assignments or subleases, but they must explicitly include such prohibitions. Without terms that say it's not okay, a tenant is free to do either. Similarly, just because a landlord prohibits one type doesn't mean the law will assume neither is allowed. In other words, a lease that only says "no assignments" means that subleasing is okay, and a lease that only says "no subleasing" means that assignments are okay.
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Related Concepts
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