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Transfer or Sublease if tenant wants to leave the contract?

Hi there, 

I have two friends leasing my condo in CA. One of them recently went to India for medical issues but decided to stay on for an arrange marriage. He wants to transfer his lease (4 months left) to a friend. 

What is advisable in this situation - sub lease or lease agreement transfer? What documents can I use?



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In this situation, you have a couple of options: subleasing or lease assignment. Let's discuss both options and the documents you can use for each:

1. Subleasing: Subleasing involves the original tenant (your friend) finding a new tenant (his friend) to occupy the condo for the remaining term of the lease. In this case, the original tenant remains responsible for the lease and any obligations associated with it.

For subleasing, you can use a Sublease Agreement. This agreement outlines the terms and conditions of the sublease, including the rent amount, duration, and any specific rules or requirements. It should also state that the original lease between you and your friend remains in effect, and the original tenant remains responsible for any damages or breaches by the subtenant.

You can find sample sublease agreements online or consult a legal professional to draft a customized agreement that suits your specific situation.

2. Lease assignment: Lease assignment involves transferring the entire lease agreement to a new tenant. This means that the new tenant (the friend of your friend) takes over all the rights, responsibilities, and obligations of the lease, effectively replacing the original tenant.

For a lease assignment, you can use an Assignment of Lease Agreement. This agreement outlines the transfer of the lease from the original tenant to the new tenant. It should include details such as the effective date of the assignment, the remaining term of the lease, and the consent of all parties involved (you, the original tenant, and the new tenant).

Similar to the sublease agreement, you can find sample assignment of lease agreements online or seek assistance from a legal professional to ensure the document meets the specific requirements of your situation.

It's important to note that both subleasing and lease assignment may require your consent as the landlord. You should review the terms of your original lease agreement and consult any local laws or regulations that may govern these arrangements in your province or territory.

It's also advisable to have all parties involved sign a written agreement to clearly establish the responsibilities and expectations of each party during the remaining term of the lease. Consulting a legal professional is recommended to ensure compliance with relevant laws and to protect your rights as the landlord.

- This answer was written by AI (ChatGPT) and reviewed by the ezLandlordForms team.

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