An assignment involves a tenant transferring their full legal interest in a lease to a new party, known as the assignee. Unlike a sublease, where the original tenant retains some interest, an assignment places the assignee in direct legal relationship with the landlord for the remainder of the term.
How It Applies to Florida Landlords
Under Florida law, a tenant cannot assign or sublet the premises without the landlord's express written consent unless the lease agreement explicitly allows it. Landlords should ensure their lease contracts include clear language regarding assignment rights, typically requiring prior written approval to prevent unauthorized occupants. If a landlord accepts rent from an assignee without a formal agreement, it may inadvertently create a new tenancy relationship. Always verify if your lease prohibits assignments or requires a specific screening process for any new proposed tenant.
Key Takeaways
- Requires prior written consent from the landlord to be enforceable.
- Shifts the primary responsibility to the assignee, though the original tenant may remain liable unless a novation is signed.
- Review your lease for "no assignment without consent" clauses to protect your property rights.