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Assignment

An assignment is the transfer of a tenant’s lease rights and obligations to another party, usually subject to landlord consent.

An assignment hands the tenant's position in the lease to a new party, who then steps into the tenant's obligations. Most leases require landlord consent, and for investors the key question is whether the original tenant or guarantor stays liable after the assignment. If the original party remains on the hook, the credit behind the rent may be unchanged. If it is released, the income now depends on the new tenant's credit. Review the assignment and subletting language closely, particularly for franchise operators.

Related Terms

Lease Structures

Use Clause

The lease provision defining the specific business purpose(s) for which the tenant may operate the property.

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Lease Structures

Ground Lease

A long-term lease of land only. The tenant builds and owns the improvements, which typically revert to the landowner at lease end.

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