A long title with a simple meaning… don’t let it scare you!
If you are a tenant (a Lessee), your lease agreement probably contains a clause prohibiting you from letting someone else take over the lease without the landlord’s consent. Most do. This is to protect the landlord from suddenly having new tenants… tenants who may or may not make timely rental payments. Tenants who may or may not take care of his property.
If you go ahead and move someone else in to your rented property without the consent of the landlord ( the Lessor) you will more than likely be in breach of contract and could end up in court. If in doubt, read your lease. But even if the lease allows such a transfer, it is in your best interests to obtain your landlord’s signature on an Assignment of Lease by Lessee with Consent of Lessor.
WHY? Even if your lease allows you to let other people move into the property without your landlord’s consent (which is doubtful) you will retain full responsibility for rent payments and property condition. If the new people don’t pay, guess what? If the new people trash the house, causing thousands of dollars of damage, guess what? The landlord will come after YOU. You, after all, are the one who signed the lease.
The only safe and secure answer is to use the form: Assignment of Lease by Lessee with Consent of Lessor. You will no doubt need to provide your landlord with the same kind of information about the incoming party that he or she required of you. For instance, a credit report and a rental history report. You will have to get references that the landlord can check, etc.
If the new tenant appears to be credible, your landlord will probably consent. But don’t take a verbal consent and go on your way. Get it in writing. It is the ONLY way to protect yourself.
Using this form, will provide you with written proof that the landlord is in agreement. More importantly, you have the landlord’s signed release of your liability / obligation under the terms of the lease. You also have written proof that the tenants who are replacing you are aware of the terms of the lease, the rent payments, and their responsibilities as tenants.
The transfer to the new tenant will be complete and you can rest easy, knowing that nothing about that lease will come back to haunt you.
A reliable real estate form may be accessed from Free and Low Cost Real Estate Forms