A lease assignment transfers the rest of a lease to a new tenant who steps into the original tenant's shoes: same unit, same rent, same end date. It is the clean exit when you need to move before the lease ends and the landlord agrees to a replacement tenant.
It is not the same as subletting. In a sublease, the original tenant stays on the lease and collects rent from the subtenant; in an assignment, the new tenant deals directly with the landlord for the remainder of the term.
Assignment vs sublease
| Question | Assignment | Sublease |
|---|---|---|
| Who pays the landlord? | The new tenant (assignee) | The original tenant |
| How long does it last? | The rest of the lease term | Any period within the term |
| Does the original tenant return? | No | Often yes, at the end of the sublease |
| Original tenant's liability | Continues unless the landlord releases it | Always continues |
Getting the landlord's consent
Nearly every residential lease prohibits assignment without the landlord's written consent, and many states enforce those clauses as written. Read the lease first: some clauses require consent that cannot be unreasonably withheld, others give the landlord full discretion. Present the proposed assignee like a new applicant, with income and references, and get the consent in writing. This template builds the consent into the document itself with a signature line for the landlord.
An assignment without consent is a breach
Assigning a lease that requires consent, without getting it, typically gives the landlord grounds to terminate the lease and pursue both tenants. Never hand over keys before the landlord has signed.
Are you free after assigning?
Not automatically. Unless the landlord expressly releases the assignor, most leases and state laws keep the original tenant secondarily liable: if the assignee stops paying, the landlord can come back to the assignor for the money. This template makes the choice explicit with a release option that only takes effect if the landlord signs. If you are the assignor, negotiating a release is the single most valuable term in the deal; if you cannot get one, keep the assignee's contact details and consider requiring proof of renter's insurance.
Frequently asked questions
Do I need my landlord's permission to assign my lease?
Almost always, yes. Check your lease for an assignment clause: most require the landlord's prior written consent. Assigning without required consent is a lease violation that can lead to eviction and liability for both parties.
Am I still responsible for rent after assigning my lease?
Unless the landlord signs a release, usually yes: the assignor remains secondarily liable if the assignee defaults. This template includes an optional landlord release so the answer is documented rather than assumed.
What happens to my security deposit in an assignment?
Three arrangements are common: the deposit stays with the landlord and the assignee reimburses you directly, the landlord refunds you and collects a new deposit from the assignee, or there was no deposit. This template lets you select the arrangement so it is stated in writing.
Can a landlord refuse an assignment?
It depends on the lease and state law. If the lease says consent may not be unreasonably withheld, the landlord needs a legitimate reason, such as the assignee failing normal screening. If the lease gives absolute discretion, the landlord can generally refuse, and your fallback options are subletting (if permitted) or negotiating an early termination.
Does a lease assignment need to be notarized?
No. Signatures of the assignor, assignee, and landlord make it effective. Each party should keep a fully signed copy attached to the original lease.