Question

What is the difference between the assignment of a lease and the subletting of a lease? How does each pertain to the rights and duties of the original tenant?

Answer 1

Ans: Assignment of a lease is an agreement, where the right and obligation of a tenant been shifted from one to another. In case of a lease, subletting is the flexible model of a lease agreement. in lease subletting a tenant is having capable to allow another tenant on a temporary basis to minimize the load of rent. So it is purely temporary or maybe for some hourly basis.

In the commercial lease agreement, all the rules and consent pre-added for subletting another tenant. Here the primary tenant is the main and important factor whereas the subletting tenant is temporary and mostly dependent on the primary one. Here the role of the landlord is to check the credibility of the sublet.

A fee has been charged by the landlord to the tenant for preparing a new agreement and letting a new tenant, whereas primary tenant will take permission from the landlord before keeping a new tenant.

total financial obligation regarding any kind of damage or loss belongs to the primary tenant, whereas the secondary tenant will be involve directly if he had signed in the assignment lease, if not then the primary tenant will pay on behalf of the secondary one.

If the secondary tenant have signed the agreement regarding lease then he need to pay the rent to the landlord direct, but if he is using a small portion of the primary tenant then he will pay the small amount to the primary tenant not to the landlord directly.

So in both the cases the primary tenat is having importance and the direct deal with the agreement and the landlord.