assignment of lease illinois

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Your guide to landlord-tenant law, landlord-tenant law.

At some point during their lives most people will be involved with the rental of real estate, either as landlord or tenant. Laws that affect landlords and tenants can vary significantly from city to city. This pamphlet provides general information about being a tenant in Illinois. You should consult with an attorney or your municipality or county as they may provide you with greater protection under the law.

Tenancy Agreement

The relationship between landlord and tenant arises from an agreement, written or oral, by which one party occupies the real estate of another with the owner's consent in return for the payment of certain amount as rent.

Written Agreement: Most tenancies are in writing and are called a lease. No particular words are necessary to create a lease, but generally the terms of a lease include a description of the real estate, the length of the agreement, the amount of the rent, and the time of payment. TIP: You should put your agreement in writing to avoid future misunderstandings. Provisions in a lease agreement that protect a landlord from liability for damages to persons or property caused by the negligence of the landlord are viewed as being against public policy and are therefore unenforceable. Certain municipalities and counties have other restrictions and prohibition on certain lease terms, so you should consult with an attorney or your municipality or county. Oral Agreement: If a tenancy agreement is not in writing, the term of the agreement will, generally, be considered a month-to-month tenancy. The period is generally determined by the frequency of the rental payments. For example: week to week, month to month, or year to year. Although the terms of an oral lease may be difficult to determine, a party may be bound to the terms of an oral agreement just as much as a written one. Termination of the Lease or Tenancy Agreement If a lease is not for a specific term , it may be terminated by either party with proper notice.

• For year-to-year tenancies, other than a lease of farmland, either party may terminate the lease by giving 60 days of written notice at any time within the four months preceding the last 60 days of the lease.
• A week-to-week tenancy may be terminated by either party by giving seven days of written notice to the other party.
• Farm leases generally run for one year. Customarily, they begin and end in March of each year. Notice to terminate must be given at least four months before the end of the term.
• In all other lease agreements for a period of less than one year, a party must give 30 days of written notice. Any notice given should call for termination on the last day of that rental period.
• The lease may also have stated requirements and timeframe for termination of the lease.
• In certain municipalities and counties, landlords are required to give more than the above stated notice period for termination. You should consult with an attorney or your municipality or county.

If the lease does state a specific expiration or termination date , no termination notice is necessary. Be aware that your lease may also require notice of termination in a specific form or a greater notice period than the minimum required by law, if any. Landlords should note that no matter what the lease requires or states, you may be required to give more than the notice period stated in the lease for termination and in writing. You should consult with an attorney or your municipality or county.

Termination of a month-to-month tenancy usually only requires 30 days of notice by tenant and a landlord is required to serve a written notice of termination of tenancy on the tenant (see Service on Demand section below). In certain municipalities and counties, landlords are required to give more than 30 days of notice, so you should consult with consult with an attorney or your municipality or county.

Renewal of the Lease or Tenancy Agreement, Rental Increases

Generally, a lease may be renewed at any time by oral or written agreement of the parties. If a lease term expires and the landlord accepts rent following the expiration of the term, the lease term automatically becomes month-to-month based on the same terms set forth in the lease.

The lease may require a specific notice and timeframe for renewing the lease. You should review your lease to confirm such requirements. Landlords and tenants should note that no matter what the lease requires or states, landlords may also have restrictions on how early they can require renewal of a lease by a tenant and are required to put such in writing. You should consult with an attorney or your municipality or county.

Month-to-month tenancies automatically renew from month to month until terminated by either landlord or tenant.

Unless there is a written lease, a landlord can raise the rent by any amount by giving the tenant notice: Seven days of notice for a week-to-week tenancy, 30 days of notice for a month-to-month tenancy, and 90 days of notice for mobile home parks. In certain municipalities and counties, landlords are required to give more than seven or 30 days of notice of a rental increase, so you should consult with consult with an attorney or your municipality or county.

Eviction, Termination of Tenants Right to Possession

In Illinois, a landlord does not have a right to self-help and must file an eviction to remove a tenant or occupant from the premises.

Five-Day Notice. The most common breach of a lease is for non-payment of rent. In this case the landlord must serve a five-day notice upon the delinquent tenant unless the lease requires more than five days of notice. Five days after such notice is served, the landlord may commence eviction proceedings against the tenant. If, however, the tenant pays the full amount of rent demanded in the five-day notice within those five days, the landlord may not proceed with an eviction. The landlord is not required, however, to accept rent that is less than the exact amount due. If the landlord accepts a tender of a lesser amount of rent, it may affect the rights to proceed under the notice.

10-Day Notice. If a landlord wishes to terminate a lease because of a violation of the lease agreement by the tenant, other than for non-payment of rent, he or she must serve 10 days of written notice upon the tenant before eviction proceedings can begin, unless the lease requires more than 10 days of notice. Acceptance of rent after such notice is a waiver by the landlord of the right to terminate the lease unless the breach complained of is a continuing breach.

Holdover. If a tenant stays beyond the lease expiration date, generally, a landlord may file an eviction without having to first serve a notice on the tenant. However, the terms of the lease or in certain municipalities or counties, a landlord is required to provide a notice of non-renewal to the tenant, so you should consult with an attorney or your municipality or county.

Service on Demand Notice

The five-day, 10-day, or termination of month-to-month tenancy notices may be served upon tenant by delivering a written or printed copy to the tenant, leaving the same with some person above the age of 13 years who lives at the party's residence, or sending a copy of the notice to the party by certified or registered mail with a return receipt from the addressee. If no one is in the actual possession of the premises, then posting notice on the premises is sufficient.

Subletting or Assigning the Lease

Often, written leases prohibit the tenant from subletting the premises without the written consent of the landlord. Such consent cannot be unreasonably withheld, but the prohibition is enforceable under the law. If there is no such prohibition, then a tenant may sublease or assign their lease to another. In such cases, however, the tenant will remain responsible to the landlord unless the landlord releases the original tenant. A breach of the sublease will not change the initial relationship between the landlord and tenant.

Breach by Landlord, Tenant Remedies

If the landlord has breached the lease by failing to meet their duties under the lease, certain remedies arise in favor of the tenant:

• The tenant may sue the landlord for damages sustained as a result of the breach.
• If a landlord fails to maintain a leased residence in a livable condition, the tenant may be able to vacate the premises and terminate the lease under the theory of "constructive eviction."
• The failure of a landlord to maintain a leased residence in a livable condition or comply substantially with local housing codes may be a breach of the landlord's "implied warranty of habitability" (independent of any written lease provisions or oral promises), which the tenant may assert as a defense to an eviction based on the non-payment of rent or a claim for reduction in the rental value of the premises. However, breach by landlord does not automatically entitle a tenant to withhold rent or a reduction in the rental value. The obligation to pay rent continues as long as the tenant remains in the leased premises and to assert this defense successfully, the tenant will have to show that their damages resulting from landlord's breach of this "implied warranty" equal or exceed the rent claimed due.

A landlord's breach and tenant's damages may be difficult to prove. Because of the limited and technical nature of these rules, tenants should be extremely cautious in withholding rent and should probably do so only after consulting an attorney.

Please note that certain municipalities or counties provide for certain obligations and requirements that the landlord must perform. If a landlord fails to comply with such obligations or requirements, the tenant may have additional remedies for such failure. You should consult with an attorney or your municipality or county.

Breach by the Tenant, Landlord Remedies

In addition to termination for certain breaches by tenant, a landlord also has the following remedies:

If rent is not paid, the landlord may: (1) sue for the rent due or to become due in the future and (2) terminate the lease and collect any past rent due. Under certain circumstances in the event of non-payment of rent the landlord may hold the furniture and personal property of the tenant until past rent is paid by the tenant.

If a tenant fails to vacate the leased premise at the end of the lease term, the tenant may become liable for double rent for the period of holdover if the holdover is deemed to be willful. The tenant can also be evicted.

If the tenant damages the premises, the landlord may sue for the repair of such damages.

Please note that certain municipalities or counties provide for certain obligations and requirements that the tenant must fulfill. If a tenant fails to comply with such obligations or requirements, the landlord may have additional remedies for such failure. You should consult with an attorney or your municipality or county.

Discrimination

Under the federal Fair Housing Act and Illinois law, it is unlawful for a landlord to discriminate in the leasing of a dwelling house, flat, or apartment against prospective tenants who have children under the age of 14. It is also unlawful for a landlord to discriminate against a tenant on the basis of race, religion, sex, national origin, source of income, sexual origination, gender identity, or disability.

Security Deposits, Move-in Fee

Security Deposit. A tenant can be required to deposit with the landlord a sum of money prior to occupying the property. This is usually referred to as a security deposit. This money is deemed to be security for any damage to the premises or non-payment of rent. The security deposit does not relieve the tenant of the duty to pay the last month’s rent or for damage caused to the premises. It must be returned to the tenant upon vacating the premises if no damage has been done beyond normal wear and tear and the rent is fully paid.

If a landlord fails to return the security deposit promptly, the tenant can sue to recover the portion of the security deposit to which the tenant is entitled. In some municipalities or counties and certain circumstances under state law, when a landlord wrongfully withholds a tenant’s security deposit the tenant may be able to recover additional damages and attorneys’ fees. You should consult with a lawyer.

Generally, a landlord who receives a security deposit may not withhold any part of that deposit as compensation for property damage unless he furnishes to the tenant, within 30 days of the date the tenant vacates, a statement of damage allegedly caused by the tenant and the estimated or actual cost of repairing or replacing each item on that statement. If no such statement is furnished within 30 days, the landlord must return the security deposit in full within 45 days of the date the tenant vacated.

If a building contains 25 or more residential units, the landlord must also pay interest on the deposit from the date it was paid, if held more than 67 months. Interest is calculated at the rate paid by the largest bank in Illinois, as determined by total assets, on a passbook security account.

The above statements regarding security deposits are based on state law. However, some municipalities or counties may impose additional obligations. For example, Cook County, Evanston, Chicago, and Oak Park all have additional requirements that a landlord must comply with when taking security deposits and provide steep penalties when a landlord fails to comply.

Move-in Fee. In addition to or as an alternative to a security deposit, a landlord may charge a move-in fee. Generally, there are no specific limitations on the amount of a move-in fee, however, certain municipalities or counties do provide restrictions. TIP: A move-in fee should be nonrefundable, otherwise it could be deemed to be a security deposit.

Landlord and tenant matters can become complex. Both landlord and tenant should consult an attorney for assistance with particular problems. For more information about your rights and responsibilities as a tenant, including specific landlord-tenant laws in your municipality or county, contact your local bar association, or visit the Illinois Tenants Union at  www.tenant.org .

Additional Resources

• Illinois Lawyer Finder: isba.org/public/illinoislawyerfinder
• Illinois Legal Aid Online (ILAO): illinoislegalaid.org
• Illinois Standardized Court Forms: illinoiscourts.gov/approved-forms
• Illinois Court Help: ilcourthelp.gov
• Illinois Free Legal Answers: il.freelegalanswers.org

Prepared by the Illinois State Bar Association's Real Estate Law Section (2024)

This pamphlet is prepared and published by the Illinois State Bar Association as a public service. Every effort has been made to provide accurate information at the time of publication.

For the most current information, please consult your lawyer. If you need a lawyer and do not have one, call Illinois Lawyer Finder at (800) 922-8757 or online www.IllinoisLawyerFinder.com

Assignment of Lease: How It Works and Parties Involved

Jump to section, what is an assignment of lease.

The assignment of lease is a title document that transfers all rights possessed by a lessee or tenant to a property to another party. The assignee takes the assignor’s place in the landlord-tenant relationship.

You can view an example of a lease assignment here .

How Lease Assignment Works

In cases where a tenant wants to or needs to get out of their lease before it expires, lease assignment provides a legal option to assign or transfer rights of the lease to someone else. For instance, if in a commercial lease a business leases a place for 12 months but the business moves or shuts down after 10 months, the person can transfer the lease to someone else through an assignment of the lease. In this case, they will not have to pay rent for the last two months as the new assigned tenant will be responsible for that.

However, before the original tenant can be released of any responsibilities associated with the lease, other requirements need to be satisfied. The landlord needs to consent to the lease transfer through a “License to Assign” document. It is crucial to complete this document before moving on to the assignment of lease as the landlord may refuse to approve the assignment.

Difference Between Assignment of Lease and Subletting

A transfer of the remaining interest in a lease, also known as assignment, is possible when implied rights to assign exist. Some leases do not allow assignment or sharing of possessions or property under a lease. An assignment ensures the complete transfer of the rights to the property from one tenant to another.

The assignor is no longer responsible for rent or utilities and other costs that they might have had under the lease. Here, the assignee becomes the tenant and takes over all responsibilities such as rent. However, unless the assignee is released of all liabilities by the landlord, they remain responsible if the new tenant defaults.

A sublease is a new lease agreement between the tenant (or the sublessor) and a third-party (or the sublessee) for a portion of the lease. The original lease agreement between the landlord and the sublessor (or original tenant) still remains in place. The original tenant still remains responsible for all duties set under the lease.

Here are some key differences between subletting and assigning a lease:

• Under a sublease, the original lease agreement still remains in place.
• The original tenant retains all responsibilities under a sublease agreement.
• A sublease can be for less than all of the property, such as for a room, general area, portion of the leased premises, etc.
• Subleasing can be for a portion of the lease term. For instance, a tenant can sublease the property for a month and then retain it after the third-party completes their month-long sublet.
• Since the sublease agreement is between the tenant and the third-party, rent is often negotiable, based on the term of the sublease and other circumstances.
• The third-party in a sublease agreement does not have a direct relationship with the landlord.
• The subtenant will need to seek consent of both the tenant and the landlord to make any repairs or changes to the property during their sublease.

Here is more on an assignment of lease here .

Benjamin W.

Parties Involved in Lease Assignment

There are three parties involved in a lease assignment – the landlord or owner of the property, the assignor and the assignee. The original lease agreement is between the landlord and the tenant, or the assignor. The lease agreement outlines the duties and responsibilities of both parties when it comes to renting the property. Now, when the tenant decides to assign the lease to a third-party, the third-party is known as the assignee. The assignee takes on the responsibilities laid under the original lease agreement between the assignor and the landlord. The landlord must consent to the assignment of the lease prior to the assignment.

For example, Jake is renting a commercial property for his business from Paul for two years beginning January 2013 up until January 2015. In January 2014, Jake suffers a financial crisis and has to close down his business to move to a different city. Jake doesn’t want to continue paying rent on the property as he will not be using it for a year left of the lease. Jake’s friend, John would soon be turning his digital business into a brick-and-mortar store. John has been looking for a space to kick start his venture. Jake can assign his space for the rest of the lease term to John through an assignment of lease. Jake will need to seek the approval of his landlord and then begin the assignment process. Here, Jake will be the assignor who transfers all his lease related duties and responsibilities to John, who will be the assignee.

You can read more on lease agreements here .

Image via Pexels by RODNAE

Assignment of Lease From Seller to Buyer

In case of a residential property, a landlord can assign his leases to the new buyer of the building. The landlord will assign the right to collect rent to the buyer. This will allow the buyer to collect any and all rent from existing tenants in that property. This assignment can also include the assignment of security deposits, if the parties agree to it. This type of assignment provides protection to the buyer so they can collect rent on the property.

The assignment of a lease from the seller to a buyer also requires that all tenants are made aware of the sale of the property. The buyer-seller should give proper notice to the tenants along with a notice of assignment of lease signed by both the buyer and the seller. Tenants should also be informed about the contact information of the new landlord and the payment methods to be used to pay rent to the new landlord.

You can read more on buyer-seller lease assignments here .

Get Help with an Assignment of Lease

Do you have any questions about a lease assignment and want to speak to an expert? Post a project today on ContractsCounsel and receive bids from real estate lawyers who specialize in lease assignment.

ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.

Meet some of our Assignment of Lease Lawyers

We are a boutique firm located in San Diego that handles civil litigation with a couple other areas of law.

Elizabeth W.

Liz is an experienced insurance professional, having worked with carriers and brokers for over 10 years. She can review or draft a variety of commercial agreements and is here to help your business. Specialties include: Master Service Agreements, business process outsourcing, marketing and partnership agreements, broker agreements, business associate agreements, and NDAs.

James Allen is a native of Birmingham, Alabama. Mr. Allen has a considerable amount of experience in the areas of domestic relations, family law, criminal law, and general civil litigation, both at trial and on appeal in state court.

I am available to advise on entity formation, contracts, and employment policies. I am also comfortable litigating business disputes including partnership disputes and employment cases. Prior to opening my current practice, I worked for several years in a small civil litigation practice focused on employment matters and civil litigation. I attended law school at the University of Colorado, and I went to the University of British Columbia for my undergraduate education.

I have been a freelance attorney for several years and have many of my clients returning to me for continued work because of the quality I produce.

Ms. Leavens is a corporate attorney with 10 years of experience as the General Counsel, Chief Compliance Officer and Corporate Secretary of a Congressionally chartered, non-profit corporation, and more than 20 years of experience as an advisor to executive officers and boards of directors in for-profit and non-profit organizations. She has substantial experience within in-house legal departments managing cross-functional teams comprised of multiple business units and attorneys on large-scale mission critical projects, and within a global law firm as a manager of public and private, domestic and international, multi-party business transactions. She has unique experience implementing government-sponsored business initiatives. Ms. Leavens was honored in 2015 as one of Washington, D.C.’s Top Corporate Counsel by Bisnow and the Association of Corporate Counsel; nominated in 2014 for the Association of Corporate Counsel (WMACCA) Outstanding Chief Legal Officer Award; and the recipient in 2014 of WMACCA’s Community Service Award.

Elizabeth V.

Most of my career has been as in-house counsel for technology companies. My responsibilities included managing all vendor/procurement contracts and compliance, customer/partner/reseller contracts and compliance, data security/privacy compliance and incident responses, HR/employment issues, and legal operations. I am very comfortable negotiating Commercial Contracts, Vendor Agreements, and Procurement Contracts for goods, services, and licensing, as well as addressing Employment & Labor, Intellectual Property, and Data Privacy issues and compliance. I specialized and have a certificate in IP in law school and continued to develop in that area as in-house counsel for Interactive Intelligence, Genesys, which are unified communication companies, and KAR Global in the automobile digital services lines of business.

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Assignment of Lease

Contract to lease land from a church?

I’m planning on leasing land from a church. Putting a gym on the property. And leasing it back to the school.

Ok; first step is that you will need a leasing contract with the church. Ask them to prepare one for you so you would just need an attorney to review the agreement and that should cost less than if you had to be the party to pay a lawyer to draft it from scratch. You need to ensure that the purpose of the lease is clearly stated - that you plan to put a gym on the land so that there are no issues if the church leadership changes. Step 2 - you will need a lease agreement with the school that your leasing it do (hopefully one that is similar to the original one your received from the church). Again, please ensure that all the terms that you discuss and agree to are in the document; including length of time, price and how to resolve disputes if you have one. I hope this is helpful. If you would like me to assist you further, you can contact me on Contracts Counsel and we can discuss a fee for my services. Regards, Donya Ramsay (Gordon)

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Assignment of Lease – By Landlord/Lessor — RPI Form 595

This form is used by an escrow officer, property manager or landlord when a buyer of an income property assumes the seller’s rights and obligations under existing rental and lease agreements, to transfer the seller’s interest in the lease agreement to the buyer.

Lease assignments – transfers of rights and obligations under a lease

Transfer of any interest.

A commercial lease agreement entered into by a tenant contains an assignment and subletting provision. This provision is also called a:

• restriction-on-transfer  provision;
• restraint-on-alienation  provision; and
• lease assumption .

An assignment of the leasehold held by the original tenant under a lease agreement transfers the tenant’s entire interest in the property to a  successor tenant , leaving no interest held by the original tenant. However, on an assignment the original tenant named on the lease agreement remains liable for the  successor tenant’s  performance on the lease, whether or not the landlord consents to the assignment or that the successor tenant becomes primarily responsible for the lease obligations.

In contrast to an assignment, when entering into a sublease with a subtenant, the original tenant (who is now a  master tenant ) transfers to the subtenant less than all of the master tenant’s interest in the property. Also, possession reverts back to the master tenant on expiration of the sublease.

The tenant’s assignment on their transfer of possession

Consider a tenant who sells or transfers the business they operate on the premises to a new business owner. Together with the sale of the business, the lease for the premises which the business occupies is also transferred to the new business owner.

The  Assignment of Lease – By Tenant/Lessee  form references:

• the original lease and the premises subject to the assignment [See  RPI Form 596 §1 ];
• the successor tenant to whom the lease is assigned [See  RPI   Form 596 §2 ]; and
• the agreement by the successor tenant to assume and timely perform all lessee obligations under the lease. [See  RPI   Form 596 §3 ]

The Assignment of Lease form is signed by both the tenant and the assignee in the presence of a notary when recording the assignment. The form is then recorded with the office of the county recorder in the county in which the premises is located.

The owner’s assignment on a sale of income property

Similarly and in juxtaposition, consider an owner of income property subject to a lease or rental agreement who intends to sell or transfer their fee ownership in the property to a new owner. Here, in addition to signing a grant deed to the property, the owner also enters an assignment of all the lease agreements entered into with the existing tenants.

An owner of income property assigns their interest in existing lease agreements as part of a transaction for a:

• concurrent sale of the fee ownership to the property;
• concurrent creation of a master lease as the landlord to a master tenant; or
• sale of an existing lease without the concurrent sale and transfer of the fee ownership in the property. [See  RPI   Form 595 ]

The  Assignment of Lease – By Owner/Landlord   form references:

• the original lease and the premises subject to the assignment [See  RPI  Form 595 §1 ];
• the purpose of the transfer [See  RPI   Form 595 §2 ];
• the new owner to whom the lease is assigned [See  RPI   Form 595 §3 ]; and
• the agreement by the new owner to assume and timely perform all lessor obligations under the lease. [See  RPI   Form 595 §4 ]

As with the tenant’s Assignment of Lease form, when recording the owner’s Assignment of Lease form, it is signed in the presence of a notary by both:

• the owner of the property as the lessor under the lease agreement transferring their interest in the lease; and
• the successor owner acquiring the property subject to the lease.

The form is then recorded with the office of the county recorder in the county in which the premises is located.

Form navigation page published 02-2016.

Form last revised  2015 . 

Article: Lease assignments and subleases

Form-of-the-Week: Assignment of Lease – Forms 595 and 596

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Assignment and Assumption of Lease and Landlord Consent

You can use a Lease Assignment to outline the terms for assigning the responsibilities of a lease to someone else. You need to make sure that the landlord has given his or her consent for the Lease Assignment to go into effect. The terms of assignment, consent of the lessor, and acceptance by the assignee are covered in this Lease Assignment, including the length of the assignment, consent of the person taking over the lease, and acceptance by you, the current lease holder. A Lease Assignment transfers the rights and obligations of an existing lease from one tenant to another.

Any [ GREEN ] highlighted language is intended to be filled in by the user. Any [ YELLOW ] highlighted language is considered optional or conditional by the attorney community. Consult with an attorney before using this document. This document is not a substitute for legal advice or services. Refer to our Terms of Use for more details.

This form has been prepared for general informational purposes only. It does not constitute legal advice, advertising, a solicitation, or tax advice. Transmission of this form and the information contained herein is not intended to create, and receipt thereof does not constitute formation of, an attorney-client relationship. You should not rely upon this document or information for any purpose without seeking legal advice from an appropriately licensed attorney, including without limitation to review and provide advice on the terms of this form, the appropriate approvals required in connection with the transactions contemplated by this form, and any securities law and other legal issues contemplated by this form or the transactions contemplated by this form.

ASSIGNMENT AND ASSUMPTION OF LEASE AND LANDLORD CONSENT

THIS ASSIGNMENT AND ASSUMPTION OF LEASE AND LANDLORD CONSENT (" Agreement ") is effective as of _________________ (the “ Effective Date ”), between  _____________  a ________________ corporation (" Assignor "), and ________________   a ________________ corporation (" Assignee ") who agree as follows:

A.              Lease .  ________________ a Delaware corporation (“ Landlord ”), and Assignor, as tenant, are parties to that certain Master Lease dated as of ________________  (the “ Master   Lease ”), pursuant to which Assignor leased from Landlord, and Landlord leased to Assignor, certain premises consisting of approximately ________________ rentable square feet located ________________ (the “ Leased Premises ”) in the building with a street address of ________________________________  (the “ Building ”).  A true, correct and complete copy of the Lease is attached hereto as  Exhibit “A”  and is by this reference incorporated herein and made a part hereof.  The Lease is scheduled to expire on ________________. 

B.         Assignor desires to transfer and assign all of its right, title and interest, as subtenant, in, to, and under the Lease to Assignee, and Assignee wishes to assume all of Assignor's duties, liabilities, and obligations thereunder.

NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties mutually covenant and agree as follows:

1.               Assignment .  Assignor, for and in consideration of the payment of rent and the performance of all of the Lease covenants by Assignee as successor subtenant under the Lease, does hereby grant, assign, and convey to Assignee all of Assignor’s right, title, and interest in and to the Lease, for the residue of the term of the Lease, at the rent and other charges set forth in the Lease and subject to the conditions contained in the Lease and henceforth to be performed and observed by Assignee.    

2.               Performance of Lease Covenants and Conditions; Assumption . For the benefit of Assignor and Landlord and Landlord, Assignee hereby assumes all rights, duties, and obligations of the subtenant under the Lease and Assignee hereby covenants and agrees to perform all of the duties and obligations of the subtenant pursuant to the Lease from and after the Effective Date as if Assignee were the original subtenant thereunder. Assignee shall make all payments of rent, additional rent, and other sums due under the Lease from the subtenant thereunder, for the period from and after the Effective Date, when due and payable strictly in accordance with the terms, covenants, and conditions of the Lease.

3.               Letter of Credit .  Within three (3) business days following the full execution of this Agreement by the parties hereto, Landlord’s execution of its consent and Landlord’s execution of the Landlord’s Consent, each as set forth below, Assignee shall deliver to Landlord a letter of credit which satisfies the requirements of Section 21 of the Lease.  Within three (3) business days following Landlord’s receipt of such Letter of Credit from Assignee, Landlord shall return the original Letter of Credit to Assignor and thereafter such original Letter of Credit shall be void and of no further force or effect. 

4.               Possession . Assignor hereby tenders, and Assignee hereby accepts, possession of the Premises in its “AS IS,” “WHERE IS,” AND “WITH ALL FAULTS” condition. Assignor makes no representations or warranties with respect to the physical condition of the Premises or the suitability thereof for Assignee’s use.

5.               Assignment and Subleasing . Subject to the provisions of the Lease, Assignee may assign the Lease, or sub-lease all or any portion of the Premises, but Assignee must also obtain Assignor’s prior written consent, which consent shall not be unreasonably withheld or delayed. As a condition of granting such consent to an assignment, Assignor may require that the new assignee assume the obligations of the subtenant under the Lease and take subject to all of the terms and conditions contained both in the Lease and this Agreement and as a condition of consenting to any lease, Assignor may require that each sublessee agree, by an express provision in its lease, to be bound by all of the terms and provisions of the Lease and this Agreement.  If Assignee assigns the Lease or leases the Premises, in whole or in part, Assignee shall nevertheless remain liable to Assignor for the full performance of Assignee’s obligations under the Lease and this Agreement.

6.               Entry . Assignee agrees that Assignor may at any time during the regular business hours enter upon the Premises for purpose of inspecting the same.

7.               Insurance . Assignee agrees to maintain in effect all of the insurance coverages required to be maintained by the subtenant under the Lease and to provide evidence of such insurance to Assignor from time to time. Assignee agrees to name Assignor as an additional insured under the general liability insurance carried by Assignee with respect to the Premises.

8.               Lease Amendments or Modifications . Assignee shall not enter into any lease amendments or modifications of the Lease with Landlord without the prior written consent of Assignor, which consent shall not be unreasonably withheld or delayed.

9.               Broker Commissions; Fees .  Assignee acknowledges and agrees that Assignee shall be solely responsible for the payment of all broker commissions in connection with this Agreement.  Each of Assignee and Assignor represents and warrants to the other that it has taken no act nor permitted any act to be taken pursuant to which it or the other party hereto might incur any claim for brokerage commissions or finder’s fees in connection with the execution of this Agreement other than Jones Lang LaSalle representing Assignee and CBRE representing Assignor.  Each party agrees to indemnify, defend and hold the other harmless against all liabilities and costs arising from a breach of such representation and warranty, including, without limitation, for attorneys’ fees and costs in connection therewith.  In addition, Assignee shall pay any fees charged by Landlord and Landlord in connection with obtaining the consent of each of them.

10.            Indemnification.    Assignee hereby indemnifies and holds Assignor and its officers, directors, shareholders, members, affiliates, representatives, agents, employees, successors and assigns harmless from and against all claims, damages, demands, losses, expenses and costs incurred, arising out of, or in connection with Assignee’s failure, from and after the Effective Date, to observe, perform and discharge any and all of the subtenant’s covenants, obligations and liabilities in connection with the Lease.  Assignor hereby indemnifies and holds Assignee and its officers, directors, shareholders, members, affiliates, representatives, agents, employees, successors and assigns harmless from and against all claims, damages, demands, losses, expenses and costs incurred, arising out of, or in connection with Assignor’s failure to the extent accruing prior to the Effective Date, to observe, perform and discharge any and all of the subtenant’s covenants, obligations and liabilities in connection with the Lease.

11.            Defaults under Lease . Within two (2) days after receiving any notice from Landlord relating to the performance of the obligations of the subtenant under the Lease, Assignee shall send a copy of such notice to Assignor. Within two (2) days after receiving any notice from Landlord relating to the performance of any obligations of the subtenant under the Lease, Assignor shall send a copy of such notice to Assignee. If Assignee is in default under the provisions of the Lease or this Agreement, and if Assignee fails to cure such default within fifteen (15) days after receipt of notice from Landlord or Assignor specifying the nature of such default with respect to non-monetary defaults and two (2) business days with respect to monetary defaults, then Assignor may reenter the Premises, with or without process of law, and cure such default, in which event Assignee shall promptly reimburse Assignor for all costs and expenses with regard thereto, or, at Assignor’s option, Assignor may repossess and enjoy the Premises as of Assignor’s first and former estate and either declare this Agreement to be terminated at no further force or effect or, without terminating the same, Assignor may reassign the Lease to itself or others or sublet the Premises to itself or others, in whole or in part, for the account of Assignee, in which event Assignee shall promptly reimburse Assignor for any rent deficiencies and other charges, costs, reasonable attorneys’ fees, or expenses so incurred by Assignor with respect thereto.

12.            Attorneys’ Fees .  In any action between the parties to enforce any of the terms or provisions of this Agreement, the prevailing party in the action shall be entitled to recover from the non-prevailing party, in addition to damages, injunctive relief or other relief, its reasonable costs and expenses, including, without limitation, costs and reasonable attorneys’ fees, as the court shall determine.  Any such attorneys’ fees and other expenses incurred by either party in enforcing a judgment in its favor under this Agreement shall be recoverable separately from and in addition to any other amount included in such judgment, and such attorneys’ fees obligation is intended to be severable from the other provisions of this Agreement and to survive and not be merged into any such judgment.

13.            Successors and Assigns .  This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns.

14.            Severability .  If any provision of this Agreement shall be held invalid or unenforceable for any reason and to any extent, the remainder of this Agreement shall not be affected, but shall be enforced to the greatest extent permitted by law.

15.            Governing Law .  This Agreement shall be governed by and construed in accordance with the laws of the State of California.

16.            Counterparts .  This Agreement may be executed in one or more counterparts.  All such counterparts, when taken together, shall comprise the fully executed Agreement.  Signatures of the parties transmitted by facsimile or electronic mail in PDF format shall be deemed to constitute originals and may be relied upon, for all purposes, as binding the transmitting party hereto.  The parties intend to be bound by the signatures transmitted by facsimile or electronic mail in PDF format, are aware that the other party will rely on such signature, and hereby waive any defenses to the enforcement of the terms of this Agreement based on the form of the signature.

17.            Notices .  For purposes of this Agreement, the notice addresses for Assignee and Assignor shall be as follows:

_____________________

Attn: ________________

18.            Warranty and Authority .  Each party represents that this Agreement has been executed by its duly authorized representative.

19.            Condition Precedent .  This Agreement is not and shall not be effective unless and until each of Landlord and Landlord provides its consent to this Agreement.  If either Landlord or Landlord fails to consent to this Agreement with thirty (30) days after delivery of this Agreement to Landlord and Landlord then either Assignor or Assignee may terminate this Agreement by written notice thereof to the other party at any time prior to receipt of Landlord’s and Landlord’s consent and in such event neither Assignor nor Assignee shall have any obligations to the other party under this Agreement.  Assignee shall reasonably cooperate with Assignor to obtain Landlord’s and Landlord’s consent, including providing Landlord and Landlord with financial information and other information requested by Landlord and Landlord

IN WITNESS WHEREOF, this Agreement has been executed as of the Effective Date set forth above.

LANDLORD’S CONSENT

By its execution below, Landlord consents to this assignment of the Lease to Assignee and acknowledges the continuance of the Lease by and between Assignee and Landlord.  Landlord is not a party to the assignment and executes this document for the limited purpose of granting its consent.  The consent to this assignment shall not act as or be deemed as a waiver of Landlord’s right to consent to any subsequent assignment or lease in accordance with the terms of the Lease.  Notwithstanding the foregoing, so long as Assignee delivers to Landlord a letter of credit which satisfies the requirements of Section 21 of the Lease then within three (3) business days following Landlord’s receipt of such Letter of Credit from Assignee, Landlord shall return the original Letter of Credit to Assignor and thereafter such original Letter of Credit shall be void and of no further force or effect.

Landlord, Inc.

By:                                                      

Its:                                                       

LANDLORD CONSENT TO ASSIGNMENT OF LEASE

By its execution below,  Landlord consents to this assignment of the Lease to Assignee and acknowledges the continuance of the Lease by and between Assignee and Landlord.  Landlord is not a party to the assignment and executes this document for the limited purpose of granting its consent.  Landlord’s consent shall not relieve or discharge Landlord from any of its obligations under the Master Lease, whether or not such Default should occur by fault of the Assignee.  The consent to this assignment shall not act as or be deemed as a waiver of Landlord’s right to consent to any subsequent assignment or lease in accordance with the terms of the Master Lease.

Landlord’s consent is conditioned upon payment by Landlord of all Rent and any other charges due under the Master Lease at the time of the assignment (notwithstanding that such charges may be billed following the date of the assignment).

a ________________ corporation

By:                                               

Its:                                               

(see attached)

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• Lease Agreements »

Illinois Rental Lease Agreement Templates

The Illinois lease agreement is a prevalent contract performed during the transfer of rights related to the use of a real estate property (apartment, condo, house, etc.). Participants, known as the lessor and lessee, must come to terms on how the arrangement will occur and what provisions will be included. This document should determine the monthly rental cost, the sum of the preliminary security deposit, and any stipulations that serve the needs of each party. Once all the info has been inserted into the form, the agreement should then be finalized by executing the necessary signatures within the indicated sections.

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Landlord-Tenant Laws

Review Illinois’s Landlord and Tenant Act (765 ILCS § 705) for specific information concerning the lessor/lessee privileges and duties that each party should know prior to entering into a rental agreement. The Illinois Attorney General also offers a Landlord/Tenant Rights & Laws Fact Sheet that contains valuable information regarding the state’s property laws.

Required Landlord Disclosures

All of the following disclosures are imposed by the state. Depending on the county in which you reside, there may be additional ordinances that require your compliance.

Carbon Monoxide ( 430 ILCS § 135/10(c) ) – Illinois landlords are liable to inform tenants (in writing) of any testing/maintenance procedures pertaining to the carbon monoxide detectors installed within the premises.

Lead-Based Paint (42 U.S. Code § 4852d )  – As stated in Title 42 of the federal law, all landlords looking to rent a residential property that was assembled before 1978 must first present a lead disclosure to the interested party prior to them occupying the premises. This requirement consists of an educational pamphlet informing tenants of the risks associated with the toxic substance, as well as any data of actual lead hazards that may be found within the boundaries of the property.

Radon ( 420 ILCS § 46/25 ) – Under Chapter 420 (Nuclear Safety), lessors are compelled by law to disclose any known information related to the presence of radon contained within the confines of the property, corresponding with the Illinois Radon Awareness Act.

Rent Concession ( 765 ILCS § 730 ) – A “rent concession” is an incentive used to entice prospective tenants to rent a property. Any concessions that the landlord agrees to give to the tenant must be written within the terms of the lease agreement and followed by “Concession Granted”.

Smoke Detector ( 425 ILCS § 60/3(d) ) – In accordance with Illinois’s Smoke Detector Act, lessors are obligated to supply lessees with a written disclosure outlining the property’s servicing policy regarding smoke alarms.

Utility Payment ( 765 ILCS § 740 ) – The landlord of an apartment or condo that contains shared utility services that are divided amongst neighboring tenants must disclose any formulas and/or invoices that are related to the utility usage of the building, according to the Tenant Utility Payment Disclosure Act.

When is Rent Late?

Rent should be payable to the landlord on the time and location pronounced within the lease agreement. A landlord may not charge a late fee until five (5) days after the due date ( 770 ILCS §  95/7.10(a) ).

Illinois landlords may impose a charge of $20 or 20% of the monthly rent payment (whichever is the higher amount) if the tenant fails to pay the rental fee on time and exceeds the five (5) day grace period ( 770 ILCS § 95/7.10(c) ). It should be known that no fee may be charged if the penalty wasn’t provided within the written agreement prior to the tenancy.

If a lessee provides a lessor with a dishonored check, the lessor is entitled to compensation for the amount listed on the check and any fees charged by the financial institution . The lessee has thirty (30) days from the time of receiving a notice to reimburse the lessor, otherwise, they may sue for damages and the lessee may have to pay additional fees ( 720 ILCS § 5/17-1(E) ).

Security Deposit Maximum

On average, the typical security deposit ranges from one to two months’ rent. Some states set a fixed amount that landlords are not allowed to exceed, Illinois does not enforce a limitation on the amount of a security deposit. (This should be coordinated before entering into an agreement.)

Security Deposit Return

The state instructs landlords that they must legally return a tenant’s security deposit within forty-five (45) days of them relinquishing the property ( 765 ILCS § 710/1(a) ).

Landlord’s Entry

There is no law that states a minimum notice of entry . It is advised that a reasonable amount of time (at least 24 hours) to alert the tenant prior to accessing the property be stipulated within the terms of the contract.

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• Rental Lease Agreements
• Illinois Lease Agreements

Illinois Residential Lease Agreement

Used 4,872 times

Use our free, customizable Illinois lease agreement template to create a legally binding contract when you lease your Property in the state of Illinois.

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Illinois Lease Agreement Template

Prepared for:

​ [Tenant.FirstName] [Tenant.LastName] ​

​ [Tenant.Company] ​

​ Created by:

​ [Landlord.FirstName] [Landlord.LastName]

​ [Landlord.Company] ​

​ Property: (Property.Name)

Address: (Property.Street) (Property.City) (Property.State) (Property.Zip)

​ [Landlord.FirstName] [Landlord.LastName] ("Landlord") agrees to lease the above-listed (Property.Name) ("Property") to [Tenant.FirstName] [Tenant.LastName] ("Tenant") according to the terms of this Illinois lease agreement.

Term of Agreement

This agreement will start on (Start.Date) ("Start Date") and operate on a:

Month-to-month basis and will continue to operate on this basis until the agreement terminates or a new contract is created and signed.

Lease basis of the Property for one calendar year or until (End.Date) ("End Date"). Should the Tenant remain on the Property, the agreement will continue on a month-to-month basis with all terms in full force and effect.

Upon this contract's termination, the Tenant must vacate the premises unless the Landlord renews the agreement or willingly accepts Rent month-to-month.

To lease the Property, the Tenant agrees to pay the rental amount of $ (Rent.Amount) ("Rent") by the 1st of each month. The Landlord is entitled to charge a late fee according to the below terms if they don't receive the payment by the 1st of each month.

Payments must use (Payment.Method1) or (Payment.Method2) to (Payment.Location). The Tenant is responsible for delivering the Rent, whether made online or mailed, to the Landlord before or on the 1st of the month.

If the Start Date of this agreement is any other day than the 1st, the Landlord will prorate the payment for that month.

Security Deposit

Upon execution of this agreement, the Tenant will pay the Landlord a refundable security deposit of $ (Deposit.Amount). The Landlord is not required to keep the security deposit in a trust account or incur/pay interest on the amount, provided they lease less than 25 units at the same location.

Within 30 to 45 days of terminating the lease (and the Tenant vacating the premises), the Landlord must provide an itemized statement of the deductions and return the full or partial security deposit.

The Landlord can return a partial amount under the following circumstances:

Cleaning of the Property beyond the usual wear and tear.

Repaying any of the Tenant's unpaid Rent or fees.

Any repairs to the Property beyond the expected wear and tear.

The Tenant cannot treat this amount as payment of any Rent payment.

Late Fees and Returned Checks Charges

The Landlord charges daily late fees of $ (Late.Fee) if they have not received the full Rent by the 5th of each month. Payments returned for a "stop payment", inefficient funds, or any other reason will incur a charge of $ (Charge.Amount).

The Tenant agrees that no occupants other than those in the table below will stay on the premises for longer than fourteen (14) days without the Landlord's written consent. The Landlord approves the following occupants at the Property while the Tenant rents it.

Each occupant is jointly and individually liable for all the agreement's terms. If any occupant, Tenant, or guest violates the agreement's terms, the Tenant is considered to have violated the terms of this agreement. This violation can result in the contract's immediate termination.

Maintenance and Upkeep

The Tenant will maintain the Property in a sanitary and good condition inside and outside the residence during the agreement term, including, but not limited to:

Should any problems occur, the Tenant will send a written notice to the Landlord of any problem, malfunction, or damage. If the Tenant's negligence, fault, or guests cause the problem, the Landlord may require the Tenant to bear the costs of fixing it.

The Landlord is responsible for mechanical damages and habitable defects, like plumping, HVAC breakages, etc. The Tenant is not permitted to modify the Property, such as nails in the walls, painting it, or other modifications that might damage it beyond the standard wear and tear.

Additional Provisions

Both parties agree to adhere to the below terms.

Rights of Access

The Landlord must provide at least twenty-four (24) hours notice before entering the Property for an inspection, necessary repairs, or showing it to potential buyers. Only in case of emergencies can the Landlord enter the premises without notice.

Assignment and Subletting

The Tenant agrees not to assign this agreement or sections of this agreement to other parties nor to sublet it without the written approval of the Landlord. However, if the Landlord sells the Property, they can assign it to the new owner.

Quiet Enjoyment

The Tenant agrees not to cause excessive noise or commit waste on the premises. The Tenant further agrees to abide by all local, County, and State laws on noise ordinances, criminal conduct, and other laws.

Both parties agree to take responsibility for utilities as per the following terms:

Landlord provides for the following utilities: (Landlord.Utilities)

Tenant arranges and makes payments for the following utilities: (Tenant.Utilities)

Both parties prove for the following utilities: (BothParties.Utilities)

The Landlord calculates the utility amount using the following formula: (Utility.Formula).

The Landlord owns the keys, fobs, and keyless security to the Property. The Tenant cannot make copies of the keys or other security items. The Tenant must arrange with the Landlord for new ones at the Tenant's cost if the keys are lost. At the termination of this lease, the Tenant must return all keys to the Landlord.

Other Provisions

Rights of termination.

This agreement terminates by 11:59 pm on (End.Date). The Tenant must immediately vacate the Property, and if not, the lease continues on a month-to-month lease.

If the Tenant violates the contract's terms or misrepresents any material fact on their rental application, it is grounds for the agreement's immediate termination. However, appropriate notice to the Tenant and procedures required by the laws of Illinois is required.

Move-in Payments Due

The Tenant must make the following payments on or before signing the lease and before the Tenant moves into the Property:

First Month's Prorated Rent: $ (ProratedRent.Amount)

Last Month's Rent: $ (Rent.Amount)

Security Deposit: $ (Deposit.Amount)

Other: $ (Other.Amount)

Total: $ (Total.Amount)

Full Disclosures

Landlord Contact Information: [Landlord.FirstName] [Landlord.LastName] / [Landlord.StreetAddress] [Landlord.City] [Landlord.State] [Landlord.PostalCode] ​

Carbon Monoxide Detectors: The Landlord must provide a written description and information on the installed carbon monoxide detectors, along with their maintenance and testing. However, the Landlord can give the written information to the Tenant after signing the lease.

Radon Contamination: Should the Landlord test the Property for radon contamination, they must provide the Tenant with the reports to keep them informed. Further, the Landlord will provide the Tenant with the IEMA-approved Radon Disclosure pamphlet and a Radon Warning Statement.

Rent Concessions: Should both parties agree on a Rent Concession agreement, the Landlord will provide written notice in this standard lease agreement.

Lead-Based Paint: The Landlord confirms this Property (was/was not) built before 1978, and lead-based paint, which is hazardous to human health, (might be/is not) present on the premises.

Applicable Law

This agreement is interpreted and governed by the laws of Illinois. Any dispute venue will take place in the county of (County) in Illinois. However, should a dispute arise, both parties will make good-faith efforts to discuss it in person in an attempt to resolve it among themselves.

This agreement and its attachments constitute the full agreement between both parties. It supersedes all previous negotiations and commitments, whether written or oral, concerning this tenancy.

All modifications to this agreement must be in writing, and each party must sign it. Both parties acknowledge and understand all the terms in this contract and the rights it grants as expressly set forth herein.

​ [Landlord.FirstName] [Landlord.LastName] ​

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Assignment of Lease (IL)

If a tenant wants to get out of a lease that is not yet expired, one option is to assign or transfer the lease to another party. For example, if a tenant signs a commercial lease for 12 months and the business stops working after 10 months, that person can attempt to assign the lease for the remaining 2 months. This can be done using an "Assignment of Lease," which is an agreement where the tenant (called the "assignor") transfers all of its rights and obligations under a lease to another party (the "assignee").

Assigning a lease is not the same thing as subletting, although the two terms are often confused. In the case of an assignment of lease, there is a direct relationship established between the new tenant and the landlord, as the landlord collects rent directly from the new tenant. In the case of a sublease, the original tenant is still responsible for all the conditions stated in the lease agreement, even if there is a new tenant who pays the rent.

This particular assignment is suitable for both commercial and residential properties, and can be prepared by the tenant (the "assignor") or the landlord. Note that in most cases the tenant must get the landlord's written consent to assign its interest under the lease and this agreement has options to include that written consent with the assignment.

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This residential lease assignment is between , an individual (the " Original Tenant ") and an individual (the " New Tenant ").

On or about , the Original Tenant and (the " Landlord ") entered into a lease agreement (the " Lease ").

The Lease covers the property located at , , , and more particularly described as follows: (the " Premises ").

Under section of the Lease, the Original Tenant is permitted to assign its interest in the Lease, with the consent of the Landlord.

The Original Tenant wishes to assign to the New Tenant's his or her rights in, and delegate all of his or her obligations under, the Lease, and the New Tenant wishes to accept this assignment.

The parties therefore agree as follows:

1. ASSIGNMENT.

The Original Tenant assigns to the New Tenant of all his or her rights in, and delegates to the New Tenant all of his or her obligations under, the Lease. This transfer will become effective as of (the " Effective Date "), and will continue until the present term of the Lease ends.

2. ASSUMPTION OF RIGHTS AND DUTIES.

After the Effective Date, the New Tenant shall assume all rights and duties under the Lease, including the obligation to pay rent under the Lease when it is due.   The Original Tenant will have no further obligations under the Lease   The Original Tenant will remain bound to the Landlord under the Lease, notwithstanding the assignment . However, the Original Tenant remains responsible for obligations accruing before the Effective Date.

3. REIMBURSEMENT.

On or before the Effective Date, the New Tenant shall pay to the Original Tenant, which is the sum of:

• (a)  the security deposit held by the Landlord under the Lease; and
• (b)  the rent or other deposits paid in advance by the Original Tenant for any period after the effective date of this assignment.

4. INDEMNIFICATION.

• (a) The Original Tenant shall indemnify the New Tenant from all damages, liabilities, expenses, claims, or judgments (including interest and reasonable attorneys' fees) (collectively, "Claims" ) arising out of the Original Tenant's failure to perform his or her obligations under the Lease before the Effective Date.
• (b) The New Tenant shall indemnify the Original Tenant from all Claims relating to the Lease, except if those costs arise from the Original Tenant's failure to perform his or her duties under the Lease before the Effective Date.
• (c) The New Tenant shall indemnify the Original Tenant from all Claims attributable to the acts or omissions of the New Tenant or his or her agents, contractors, or employees with respect to the Premises or any activities on the Premises. This indemnification will survive the termination of the Lease and this assignment.

5. CONTINUING EFFECTIVENESS OF LEASE.

This assignment is made on the understanding that all other terms of the Lease remain in full effect, including the prohibition against further assignments and subleases without the Landlord's express written consent.

6. ORIGINAL TENANT'S REPRESENTATIONS.

The Original Tenant represents that he or she:

• (a) has the power and authority to enter into and carry out this assignment;
• (b) has not previously assigned his or her rights under the Lease;
• (c) is the lawful and sole owner of the interests assigned under this assignment;
• (d) the interests assigned under this assignment are free from all encumbrances;
• (e) except for the Landlord and the Original Tenant, there are no parties in possession or occupancy of the Premises or any part of them, and there are no parties with possessory rights on the Premises or any part of them; and
• (f) has performed all obligations and made all required payments under the Lease.

7. CONDITION OF PREMISES.

The New Tenant has examined and inspected the Premises and accepts them "as is" and in its present condition with all faults. Except as provided in this assignment, the Original Tenant makes no representations, covenants, or guaranties about the status, nature, or condition of the Lease or the Premises.

8. INTERPRETATION .

In interpreting the language of this assignment, the parties shall be treated as having drafted this assignment after meaningful negotiations. The language in this assignment will be construed as to its fair meaning and not strictly for or against either party.

9. GOVERNING LAW .

• (a) Choice of Law. The laws of the state of govern this assignment (without giving effect to its conflicts of law principles).
• (b) Choice of Forum. Both parties consent to the personal jurisdiction of the state and federal courts in County, .

10. AMENDMENTS.

No amendment to this assignment will be effective unless it is in writing and signed by a party or its authorized representative.

11. COUNTERPARTS; ELECTRONIC SIGNATURES.

• (a) Counterparts. The parties may execute this agreement in any number of counterparts, each of which is an original but all of which constitute one and the same instrument.
• (b) Electronic Signatures . This agreement, agreements ancillary to this agreement, and related documents entered into in connection with this agreement are signed when a party's signature is delivered by facsimile, email, or other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures.

12. SEVERABILITY.

If any one or more of the provisions contained in this assignment is, for any reason, held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability will not affect any other provisions of this assignment, but this assignment will be construed as if those invalid, illegal, or unenforceable provisions had never been contained in it, unless the deletion of those provisions would result in such a material change so as to cause completion of the transactions contemplated by this assignment to be unreasonable.

13. NOTICES.

• (a) Writing; Permitted Delivery Methods . Each party giving or making any notice, request, demand, or other communication required or permitted by this assignment shall give that notice in writing and use one of the following types of delivery, each of which is a writing for purposes of this assignment: personal delivery, mail (registered or certified mail, postage prepaid, return-receipt requested), nationally recognized overnight courier (fees prepaid), facsimile, or email.
• (b) Addresses. A party shall address notices under this section to a party at the following addresses:
• If to the Original Tenant:
• If to the New Tenant:
• (c) Effectiveness. A notice is effective only if the party giving notice complies with subsections (a) and (b) and if the recipient receives the notice.

14. WAIVER.

No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this assignment will be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy will be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, and no waiver will constitute a continuing waiver, unless the writing so specifies.

15. ENTIRE AGREEMENT.

This agreement constitutes the final agreement of the parties. It is the complete and exclusive expression of the parties' agreement about the subject matter of this agreement. All prior and contemporaneous communications, negotiations, and agreements between the parties relating to the subject matter of this agreement are expressly merged into and superseded by this agreement. The provisions of this agreement may not be explained, supplemented, or qualified by evidence of trade usage or a prior course of dealings. Neither party was induced to enter this agreement by, and neither party is relying on, any statement, representation, warranty, or agreement of the other party except those set forth expressly in this agreement. Except as set forth expressly in this agreement, there are no conditions precedent to this agreement's effectiveness.

16. HEADINGS.

The descriptive headings of the sections and subsections of this assignment are for convenience only, and do not affect this agreement's construction or interpretation.

17. EFFECTIVENESS.

This assignment will become effective when all parties have signed it. The date this assignment is signed by the last party to sign it (as indicated by the date associated with that party's signature) will be deemed the date of this assignment.

18. NECESSARY ACTS; FURTHER ASSURANCES.

Each party shall use all reasonable efforts to take, or cause to be taken, all actions necessary or desirable to consummate and make effective the transactions this assignment contemplates or to evidence or carry out the intent and purposes of this assignment.

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Each party is signing this agreement on the date stated opposite that party's signature.

ORIGINAL TENANT

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LANDLORD'S CONSENT AND RELEASE

As Landlord under the Lease, I hereby consent to this assignment of the Lease, and to the New Tenant's assumption of the Original Tenant's obligations under the Lease, including the obligation to pay rent when it is due. As of the Effective Date, I release the Original Tenant from all liability for obligations (including rent payments) under the Lease. However, the Original Tenant remains primarily obligated as tenant under the Lease and I do not waive or relinquish any rights under the Lease against either the Original Tenant or the New Tenant.

Attach a copy of the Lease as Exhibit A

Free Assignment of Residential Lease Template

What's an assignment of residential lease.

With an assignment of residential lease, you can transfer your interest in a lease to another party before your lease term is up, with your landlord's written permission. The new tenant takes on the lease responsibilities, including rent and property maintenance, and you are released from most (if not all) of your duties. We offer an assignment of residential lease document to ensure proper documentation of the landlord's written approval of your lease transfer to a new tenant with ease.

Here's the information you'll need to have handy to complete your assignment of residential lease:

• Who it's going to : Have the information about the rental property ready and the name and contact information for both the original renter and the new renter handy
• Which state will govern it : Specify a state so it's clear what laws apply to the document
• Subject matter : Prepare a summary of the general terms, like the planned rent amount
• Dates : Be clear about the beginning and end dates of the lease

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