Legal Question in Real Estate Law in New Jersey

Lease assignments

Hi,

I was told that the ability to assign your lease (residential & commercial) to another person differs between states.

Is it true that certain states have laws that prohibit lease assignments? I would've though that the ability to assign a lease is up to the owner/landlord.

I would appreciate clarification on the subject.

Thanks in advance.


Asked on 8/27/07, 12:02 pm

2 Answers from Attorneys
Robert Davies The Davies Law Firm, P.A.

Re: Lease assignments

many leases prohibit assignment right in the lease. you really need to get some advice from an attorney concerning the lease agreement or agreements that you are talking about.

Call an attorney who does this kind of work (I do) who is not too far from you.

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Answered on 8/27/07, 1:52 pm
John Corbett Corbett Law Firm LLC

Re: Lease assignments

One can always permit or prohibit assignment in a written lease. What differs among jurisdictions is what the court will assume about assignment if the lease doesn't mention it. Most states will assume that commercial leases are assignable by default but residential leases of rooms, owner-occupied units, or units with a small number of rental units are not. What happens in between rarely comes up because most sophisticated landlord ensure that there leases contain an assignment clause on way or the other.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 8/27/07, 11:17 pm


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