Residential Lease – Consent Assignment

By E-Renter Tenant Screening
Posted on July 25, 2006 under Landlord Tenant Lawsuits | icon: commentBe the First to Comment

For the uninitiated, a consent assignment is when a tenant wishes to terminate a lease agreement before its expiry, and in which case, the landlord may request a new tenant be found to take over the lease. Called a consent assignment of lease, it requires the three parties i.e. landlord, first tenant and new tenant to agree to the new arrangement.

Like everything else, it is important to put it in writing to ensure all concerned parties are clear about the transaction, as well as, a preventive measure for future misunderstandings and complications. For an initial tenant, a consent assignment removes all lease agreement for him/ her. For a landlord, it serves as notification, allowing them to screen and conduct a background check on the new tenant.

For an air-tight consent assignment agreement, it should include the following 8-points:

  1. Names and addresses of involved parties. The first tenant’s new address is required, the mailing address of the new tenant should be their current address, which will allow the landlord to carry out the necessary background and reference checks. Visit for help with tenant screening and background checks. The address of the rental property should also be included.
  2. The first tenant’s reason for vacating the leased property. If the first tenant is leaving as a result of a job transfer, or because he / she wishes to move to another location, whatever the reason, it should be included in the consent assignment agreement.
  3. Effective lease dates. It should also be stated how long the new tenant will be bound by the consent agreement. If the first tenant’s lease expires in four months, then this will be the term of the existing lease for the new tenant.
  4. Lease terms.
  5. What will be done with the initial security deposit. If the first tenant has adhered to the conditions for the return of the security deposit, such as, no damage to your property, cleaning of the property, etc., the deposit must be returned. This means that the new tenant will have to provide his / her own security deposit.
  6. Liability statement. This states how a landlord wishes to deal with liability for future lease payments. Should the new tenant be held liable, or will the old tenant still be accountable for them?
  7. Integration clause / whole agreement. As with any written lease agreement, it is important to include a statement, clarifying signatures of all parties constitutes acceptance of the entire agreement. This is useful if the new tenant claims they did not understand a part of the consent agreement, and therefore should not be held responsible.
  8. Signatures of all parties. The signatures of all parties involved in the consent agreement are important, including the date signed. For added security, it may be signed in the presence of a witness or that of a notary public.

Lease termination should not be turned into a bitter, acrimonious dispute. If a tenant wishes to end his / her lease and provides a replacement, they have fulfilled their part of the bargain. By drawing up a consent agreement, all parties amicably solve what could be a stressful situation, benefiting all involved.

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