What is a Subletting/Assigment – Request to Assign clause?..
Usually there is a mechanism whereby the landlord, with varying degrees of consent, must agree to the sublet or assignment. For example, "consent not to be unreasonably withheld"; "consent can be unreasonably withheld","at the sole discretion of the landlord". The Landlord will often reserve the right to complete due diligence on the proposed subtenant and may lay out various factors that, if not satisfied, allow the landlord to withhold consent to an assignment or sublet. Since subletting typically involves the tenant and the subtenant being jointly and severally liable for the obligations of the lease, the threshold for subletting is often lower than the threshold for assignment. It is in the landlord's interest to ensure that certain or all rights and obligations of the lease will survive the assignment or sublease. This section most likely will include some provisions that ensure the sublettor or assignee is subject to some or all of the provisions in the lease.
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