assignment of lease ontario

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Assign to a new tenant

Question & Answer

Another legal way to move out early is to assign your place to a new tenant.

Assigning means that the new tenant replaces you and takes over your rental agreement. The amount of rent and all other details of the agreement stay the same. You are not responsible if the new tenant causes damage or owes rent. But when you assign, you do not have the right to move back in later.

You must ask your landlord for permission to assign. It is best to ask in writing and keep a copy of your request. Your landlord must answer within 7 days.

If your landlord agrees to let you assign, they are allowed to charge you a fee. The fee can't be more than your landlord had to spend on things like a credit check, and advertising if the landlord found the new tenant.

Your landlord can refuse to let you assign to a particular person if there is a good reason. For example, if the person caused problems for a landlord in the past, such as damaging property or not paying rent.

Write a letter asking to assign

Use this tool to write a letter to your landlord asking if you can assign your unit.

If your landlord won’t let you assign to anyone

If your landlord won't let you assign at all or does not give you an answer within 7 days, you can move out with 30 days' notice .

To do this, give your landlord a Tenant’s Notice to End the Tenancy (Form N9) no later than 30 days after you asked for permission to assign.

In this situation, the usual rules about the timing of your notice do not apply. You can choose any termination date , as long as it is at least 30 days after the day you give your landlord the notice.

You can mail or fax the notice, or give it to your landlord in person. You can also give the notice to your landlord's agent. An agent can be someone who works for your landlord, for example, the superintendent or someone who works in the property manager's office.

NOTE: If you mail the notice you must do this 5 days before the day you need to give it to your landlord.

You might not have a right to assign if you live in

• subsidized housing
• a superintendent's unit
• housing provided by a school where you work or are a student

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Guide to Ontario’s standard lease

A guide, in multiple languages, to help landlords and tenants understand and complete the Standard Form of Lease (standard lease). It also contains information on rental rules, and rights and responsibilities of landlords and tenants under the Residential Tenancies Act .

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About the standard lease.

The standard lease is required for most residential tenancy agreements signed on or after April 30, 2018.

When complete, the standard lease creates a contract between the landlord and tenant. It is also called a residential tenancy agreement.

The standard lease does not apply to care homes, sites in mobile home parks and land lease communities, most social and supportive housing, certain other special tenancies and co-operative housing.

Under the Ontario Human Rights Code , everyone has the right to equal treatment in housing without discrimination or harassment.

A lease cannot take away a right or responsibility under the Residential Tenancies Act (the act)

If you have questions

The Landlord and Tenant Board provides information about landlords and tenants rights and responsibilities under the act (available in English or French). You can contact them Monday to Friday from 8:30 a.m. to 5:00 p.m. by calling:

• Toll-free: 1-888-332-3234
• Tel : 416-645-8080
• Toll-free TTY : 1-800-855-0511

What is in the standard lease

1. parties to the agreement.

This section has the names of the landlord(s) and tenant(s) who are agreeing to the tenancy.

2. Rental unit

This section describes the rental unit that is being rented and address.

The number of parking spaces if any and their location is also described in this section.

If the rental unit is in a condominium:

• it should be indicated in this section
• the tenant is also agreeing to follow the condominium declaration, bylaws, and rules that are provided by the landlord

3. Contact information

This section has the landlord’s address where notices must be sent. If a tenant needs to give a formal notice to the landlord, it should be delivered to this address.

This section also allows the landlord and tenant to agree to receive formal notices by e-mail, and includes a space for both the landlord and the tenant e-mail addresses. Formal notices can only be given by e-mail where allowed by the Landlord and Tenant Board’s rules. You can contact the Landlord and Tenant Board to find out which notices can be sent electronically.

This section also includes a place for the landlord to provide additional contact information for emergencies or day-to-day communication.

4. Term of tenancy agreement

This section has the date that the tenant will have the right to move into the rental unit and the length of time (term) of the tenancy.

The end of an agreement does not mean the tenant has to move out or sign a renewal or new agreement in order to stay. The rules of the agreement will still apply and the tenant still has the right to stay:

• as a monthly tenant, if the agreement was for a fixed term or monthly tenancy,
• as a weekly tenant, if the agreement was for a weekly tenancy, or
• as a daily tenant, if the agreement was for daily tenancy.

This section sets out the total rent (also called the lawful rent).

The total rent is the total of the amounts listed in sub-section 5(b) which includes:

• the base rent for the rental unit
• any separate charges for parking or other services, such as a storage locker or air conditioning, that the landlord provides to the tenant

Any future rent increase will be based on the total rent in sub-section 5(b).

This section also includes when rent must be paid, to whom it must be paid, what methods will be used for payment, and any administrative charges for cheques returned by a financial institution.

6. Services and utilities

This section sets out what services are included or not included in the total rent (lawful rent). This includes both services that are included in the base rent in sub-section 5(a), and services for which the landlord has set out a separate charge in sub-section 5(b) of the standard lease.

In some cases, a landlord and tenant can later agree to add other services in exchange for a rent increase. For example, a landlord and tenant may agree to a seasonal rent increase for additional services of air conditioning or a block heater plug-in, so the tenant can heat up their car engine on cold winter days.

In this section, the landlord and tenant also agree on who is responsible for utilities (electricity, heat, water) at the rental unit.

7. Rent discounts

This section allows a landlord to offer a rent discount.

After the rent discount ends, the tenant must pay the total rent (lawful rent) agreed to in section 5, plus any lawful increases.

8. Rent deposit

In this section, the landlord and tenant agree whether a rent deposit is required, and the amount. The law limits the amount  and how it is to be treated. A rent deposit cannot be used as a damage deposit.

9. Key deposit

In this section, the landlord and tenant agree whether a key deposit is required, and the amount. The law limits the amount and how it is to be treated.

10. Smoking

Under provincial law, smoking is not allowed in any indoor common areas of the building outside of the rental unit. In this section, a landlord and tenant can agree to rules about smoking in the rental unit.

11. Tenants insurance

In this section, a landlord and tenant can agree whether the tenant must have liability insurance. If the landlord asks for proof of coverage, the tenant must provide it.

It is up to the tenant to get contents insurance if they want it.

12. Changes to the rental unit

This section explains that the tenant can install decorative items, such as pictures or window coverings, but that they must have the landlord’s permission to make other changes to the rental unit.

This section cannot be changed. If the landlord and tenant wish to agree to additional details, these can be written out as additional terms in section 15.

13. Maintenance and repairs

This section explains that the landlord must maintain the rental unit and property, but the tenant must repair or pay for any undue damage caused by the tenant or their guests.

The tenant is responsible for keeping the unit clean, unless the landlord agreed to do so.

14. Assignment and subletting

This section explains that the tenant needs the landlord’s permission to assign or sublet the unit to someone else, and that the landlord cannot arbitrarily or unreasonably withhold consent.

15. Additional terms

The landlord and tenant can agree to additional terms that are specific to the tenancy. If agreed to, these additional rules or terms must be attached to the lease agreement.

These additional terms should be written in plain language and clearly set out what the landlord or tenant must or must not do to comply with the term. If typed, the additional terms should be in a font size that is at least 10 points.

Additional terms may set out rules that are very specific to the rental unit or property, such as rules about the use of common spaces or amenities.

Any extra term which attempts to take away a right or responsibility under the act is void (not valid or legally binding) and cannot be enforced. Some examples of void and unenforceable terms include those that:

• do not allow pets (however, the landlord can require the tenant to comply with condominium rules, which may prohibit certain pets)
• do not allow guests, roommates, any additional occupants
• require the tenant to pay deposits, fees or penalties that are not permitted under the act ( e.g. , damage or pet deposits, interest on rent arrears)
• require the tenant to pay for all or part of the repairs that are the responsibility of the landlord

The landlord and tenant may want to get legal advice before agreeing to any additional terms.

16. Changes to this agreement

This section explains that any changes to the agreement must be agreed to in writing.

17. Signatures

In this section, the landlord and the tenant indicate that they agree to follow the terms of the agreement. If there is more than one tenant, each tenant is responsible for all tenant obligations, including the full amount of rent.

All landlords and tenants listed in section one (parties to the agreement) must sign this section. The landlord(s) or tenant(s) can sign the lease electronically if they both agree. The landlord must give a copy of the agreement to the tenant within 21 days after the tenant signs it.

Landlord and tenant rights and responsibilities

Some additional information about your rights and responsibilities (such as maintenance and repairs) are included in the multilingual guides and in the appendix of the standard lease .

Guide to the standard lease in other languages

• عربي (Arabic PDF )
• 中文 (简体) (Chinese (Simplified) PDF )
• 中文 (繁體) (Chinese (Traditional) PDF )
• فارسی (Farsi PDF )
• Deutsch (German PDF )
• ελληνικά (Greek PDF )
• ગુજરાતી (Gujarati PDF )
• हिन्दी (Hindi PDF )
• Italiano (Italian PDF )
• 한국어 (Korean PDF )
• Polski (Polish PDF )
• Português (Portuguese PDF )
• ਪੰਜਾਬੀ (Punjabi PDF )
• Română (Romanian PDF )
• русский (Russian PDF )
• Español (Spanish PDF )
• Tagalog (Filipino PDF )
• தமிழ (Tamil PDF )
• Українська (Ukrainian PDF )
• اردو (Urdu PDF )
• Tiếng Việt (Vietnamese PDF )

Residential Tenancies Act Part VI

Assignment, subletting and unauthorized occupancy, assignment of tenancy.

95. (1) Subject to subsections (2), (3) and (6), and with the consent of the landlord, a tenant may assign a rental unit to another person. 2006, c. 17, s. 95 (1).

Landlord's options, general request

(2) If a tenant asks a landlord to consent to an assignment of a rental unit, the landlord may,

(a) consent to the assignment of the rental unit; or

(b) refuse consent to the assignment of the rental unit.

2006, c. 17, s. 95 (2).

Landlord's options, specific request

(3) If a tenant asks a landlord to consent to the assignment of the rental unit to a potential assignee, the landlord may,

(a) consent to the assignment of the rental unit to the potential assignee;

(b) refuse consent to the assignment of the rental unit to the potential assignee; or

(c) refuse consent to the assignment of the rental unit.

2006, c. 17, s. 95 (3).

Refusal or non-response

(4) A tenant may give the landlord a notice of termination under section 96 within 30 days after the date a request is made if,

(a) the tenant asks the landlord to consent to an assignment of the rental unit and the landlord refuses consent;

(b) the tenant asks the landlord to consent to an assignment of the rental unit and the landlord does not respond within seven days after the request is made;

(c) the tenant asks the landlord to consent to an assignment of the rental unit to a potential assignee and the landlord refuses consent to the assignment under clause (3) (c); or

(d) the tenant asks the landlord to consent to an assignment of the rental unit to a potential assignee and the landlord does not respond within seven days after the request is made.

2006, c. 17, s. 95 (4).

(5) A landlord shall not arbitrarily or unreasonably refuse consent to an assignment of a rental unit to a potential assignee under clause (3) (b). 2006, c. 17, s.95 (5).

(6) Subject to subsection (5), a landlord who has given consent to an assignment of a rental unit under clause (2) (a) may subsequently refuse consent to an assignment of the rental unit to a potential assignee under clause (3) (b). 2006, c. 17, s. 95 (6).

(7) A landlord may charge a tenant only for the landlord's reasonable out-of-pocket expenses incurred in giving consent to an assignment to a potential assignee. 2006, c. 17, s. 95 (7).

Consequences of assignment

(8) If a tenant has assigned a rental unit to another person, the tenancy agreement continues to apply on the same terms and conditions and,

(a) the assignee is liable to the landlord for any breach of the tenant�s obligations and may enforce against the landlord any of the landlord�s obligations under the tenancy agreement or this Act, if the breach or obligation relates to the period after the assignment, whether or not the breach or obligation also related to a period before the assignment;

(b) the former tenant is liable to the landlord for any breach of the tenant�s obligations and may enforce against the landlord any of the landlord�s obligations under the tenancy agreement or this Act, if the breach or obligation relates to the period before the assignment;

(c) if the former tenant has started a proceeding under this Act before the assignment and the benefits or obligations of the new tenant may be affected, the new tenant may join in or continue the proceeding.

2006, c. 17, s. 95 (8).

Application of section

(9) This section applies with respect to all tenants, regardless of whether their tenancies are periodic, fixed, contractual or statutory, but does not apply with respect to a tenant of superintendent's premises.� 2006, c. 17, s. 95 (9).

Tenant's notice to terminate, refusal of assignment

96. (1) A tenant may give notice of termination of a tenancy if the circumstances set out in subsection 95 (4) apply. 2006, c. 17, s. 96 (1).

(2) The date for termination specified in the notice shall be at least a number of days after the date of the notice that is the lesser of the notice period otherwise required under this Act and 30 days. 2006, c. 17, s.96 (2).

Subletting rental unit

97. (1) A tenant may sublet a rental unit to another person with the consent of the landlord. 2006, c. 17, s. 97 (1).

(2) A landlord shall not arbitrarily or unreasonably withhold consent to the sublet of a rental unit to a potential subtenant. 2006, c. 17, s. 97 (2).

(3) A landlord may charge a tenant only for the landlord's reasonable out-of-pocket expenses incurred in giving consent to a subletting. 2006, c. 17, s. 97 (3).

Consequences of subletting

(4) If a tenant has sublet a rental unit to another person,

(a) the tenant remains entitled to the benefits, and is liable to the landlord for the breaches, of the tenant's obligations under the tenancy agreement or this Act during the subtenancy; and

(b) the subtenant is entitled to the benefits, and is liable to the tenant for the breaches, of the subtenant's obligations under the subletting agreement or this Act during the subtenancy.

2006, c. 17, s. 97 (4).

Overholding subtenant

(5) A subtenant has no right to occupy the rental unit after the end of the subtenancy. 2006, c. 17, s. 97 (5).

(6) This section applies with respect to all tenants, regardless of whether their tenancies are periodic, fixed, contractual or statutory, but does not apply with respect to a tenant of superintendent's premises. 2006, c. 17, s. 97 (6).

Tenant application

98. (1) A tenant or former tenant of a rental unit may apply to the Board for an order determining that the landlord has arbitrarily or unreasonably withheld consent to the assignment or sublet of a rental unit to a potential assignee or subtenant. 2006, c. 17, s. 98 (1).

Time limitation

(2) No application may be made under subsection (1) more than one year after the day the alleged conduct giving rise to the application occurred. 2006, c. 17, s. 98 (2).

Order re assignment, sublet

(3) If the Board determines that a landlord has unlawfully withheld consent to an assignment or sublet in an application under subsection (1), the Board may do one or more of the following:

1. Order that the assignment or sublet is authorized.

2. Where appropriate, by order authorize another assignment or sublet proposed by the tenant.

3. Order that the tenancy be terminated.

4. Order an abatement of the tenant�s or former tenant�s rent.

2006, c. 17, s. 98 (3).

(4) The Board may establish terms and conditions of the assignment or sublet. 2006, c. 17, s. 98 (4).

(5) If an order is made under paragraph 1 or 2 of subsection (3), the assignment or sublet shall have the same legal effect as if the landlord had consented to it. 2006, c. 17, s. 98 (5).

Eviction with termination order

(6) If an order is made terminating a tenancy under paragraph 3 of subsection (3), the Board may order that the tenant be evicted, effective not earlier than the termination date specified in the order. 2006, c. 17, s.98 (6).

Tenant's notice, application re subtenant

99. The following provisions apply, with necessary modifications, with respect to a tenant who has sublet a rental unit, as if the tenant were the landlord and the subtenant were the tenant:

1. Sections 59 to 69, 87, 89 and 148.

2. The provisions of this Act that relate to applications to the Board under sections 69, 87, 89 and 148.

2006, c. 17, s. 99.

Unauthorized occupancy

100. (1) If a tenant transfers the occupancy of a rental unit to a person in a manner other than by an assignment authorized under section 95 or a subletting authorized under section 97, the landlord may apply to the Board for an order terminating the tenancy and evicting the tenant and the person to whom occupancy of the rental unit was transferred. 2006, c. 17, s. 100 (1).

(2) An application under subsection (1) must be made no later than 60 days after the landlord discovers the unauthorized occupancy. 2006, c. 17, s. 100 (2).

Compensation

(3) A landlord who makes an application under subsection (1) may also apply to the Board for an order for the payment of compensation by the unauthorized occupant for the use and occupation of the rental unit, if the unauthorized occupant is in possession of the rental unit at the time the application is made. 2006, c. 17, s. 100 (3).

Application of s. 87 (5)

(4) Subsection 87 (5) applies, with necessary modifications, to an application under subsection (3). 2006, c. 17, s. 100 (4).

101. (1) If a subtenant continues to occupy a rental unit after the end of the subtenancy, the landlord or the tenant may apply to the Board for an order evicting the subtenant. 2006, c. 17, s.101 (1).

(2) An application under this section must be made within 60 days after the end of the subtenancy. 2006, c. 17, s. 101 (2).

Compensation, overholding subtenant

102. A tenant may apply to the Board for an order for compensation for use and occupation by an overholding subtenant after the end of the subtenancy if the overholding subtenant is in possession of the rental unit at the time of the application. 2006, c. 17, s. 102.

Compensation, unauthorized occupant

103. (1) A landlord is entitled to compensation for the use and occupation of a rental unit by an unauthorized occupant of the unit. 2006, c. 17, s. 103 (1).

Effect of payment

(2) A landlord does not create a tenancy with an unauthorized occupant of a rental unit by accepting compensation for the use and occupation of the rental unit, unless the landlord and unauthorized occupant agree otherwise. 2006, c. 17, s. 103 (2).

Miscellaneous new tenancy agreements

Assignment without consent.

104. (1) If a person occupies a rental unit as a result of an assignment of the unit without the consent of the landlord, the landlord may negotiate a new tenancy agreement with the person. 2006, c. 17, s. 104 (1).

(2) If a subtenant continues to occupy a rental unit after the end of the subtenancy and the tenant has abandoned the rental unit, the landlord may negotiate a new tenancy agreement with the subtenant. 2006, c. 17, s. 104 (2).

Lawful rent

(3) Sections 113 and 114 apply to tenancy agreements entered into under subsection (1) or (2) if they are entered into no later than 60 days after the landlord discovers the unauthorized occupancy. 2006, c. 17, s. 104 (3).

Deemed assignment

(4) A person's occupation of a rental unit shall be deemed to be an assignment of the rental unit with the consent of the landlord as of the date the unauthorized occupancy began if,

(a) a tenancy agreement is not entered into under subsection (1) or (2) within the period set out in subsection (3);

(b) the landlord does not apply to the Board under section 100 for an order evicting the person within 60 days of the landlord discovering the unauthorized occupancy; and

(c) neither the landlord nor the tenant applies to the Board under section 101 within 60 days after the end of the subtenancy for an order evicting the subtenant.

2006, c. 17, s. 104 (4).

Back to the Ontario Residential Tenancies Act index page

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Home Legal Answers Landlord and Tenant Residential Landlords and Tenants Subletting or assigning a lease

A tenant with a lease is responsible for paying the rent up-to the end of the lease. Tenants who want to move out before the end of the lease, normally have the option to sublet or assign their unit, which means the new tenant will be responsible to pay rent for the remaining months of the lease. If you are having trouble with your tenant or your landlord and would like help, call a lawyer now.

Subletting rules

If the tenant only wants to move out temporarily they can arrange to sublet their unit. Subletting occurs when a tenant rents out their unit to another person, called a subtenant, for a period that is less than the length of the lease. If a tenant rents on a month-to-month basis, they can only sublet the unit for less than one month and not for any longer period, or the tenant and the subtenant may lose their rights to the unit. With a sublet, the original tenant is responsible for all the terms under the lease and must collect the rent from the subtenant, and ensure it is paid to the landlord.

If a tenant wants to sublet their unit, they require the landlord’s written approval. Landlords are not allowed to unreasonably refuse a request for a sublet. This means that if a landlord decides to refuse a subtenant, he or she must have a good reason for doing so. Further, if the landlord refuses to allow the tenant to sublet the unit, or does not reply to the request within seven days, the tenant can apply to the Landlord and Tenant Board to determine if the sublease should be allowed.

Assigning a lease: transferring it to someone new

If a tenant wants to move out before the lease expires and does not plan to return, he or she can assign the lease to another person, who will then become the tenant. Assigning a lease transfers all the tenant’s rights and obligations to another person. The new tenant, called the assignee, will be required to pay the same rent that the original tenant was paying, and the terms of the original lease will apply.

If a tenant wants to assign a lease, he or she is first required to make a written request for the landlord’s approval. As with a sublet, the landlord cannot unreasonably refuse consent to an assignment. If the landlord refuses or does not reply within seven days of the tenant’s request, the tenant has two choices: end the lease or apply to the Board to approve the assignment. If the tenants want to end the lease, they have 30 days from the day the assignment request was made to give notice to the landlord. The notice must be 30 days before the tenant will move, which is normally the last day of the month.

Subletting or assigning a lease without the landlord’s permission

If a tenant sublets or assigns their unit without first getting consent from the landlord, it is considered an unauthorized assignment or sublet. When this happens, a landlord can file an application with the Board to evict both the tenant and the unauthorized occupant. However, if the landlord fails to file the application within 60 days of discovering the unauthorized occupant, the unauthorized occupant will become a tenant.

To apply to the Board to have a sublet or assignment approved, tenants must submit the appropriate form together with a small application fee. A copy of these forms must then be delivered to the landlord. To obtain forms or for additional information on sublets and assignments, visit the Landlord and Tenant Board  website.

Help for Tenants

A criminal record  will affect your ability to be approved for a residential lease. To erase your criminal record, learn more at Pardon Partners. It’s easier than you think.

If you are a Tenant , you can add your monthly rent payment to your credit report using FrontLobby. This can:

• Contribute to improving your credit score (Renters have reported 33pts to 84pts jumps)
• Help establish a positive credit history with a new rent tradeline
• Improve your access to credit related rewards (better bank loans, credit cards, mortgage rates)

Help for Landlords & Property Managers

For legal advice and assistance with a residential tenancy and applications to the Landlord and Tenant Board, contact our preferred Landlord and Tenant experts Nicola (Nick) Giannantonio Legal Services .

If you are a Landlord or Property Manager , you can report rent payments to Credit Bureaus and screen Tenants using FrontLobby. This can:

• Attract financially responsible applicants interested in building credit with their rent
• Decrease rent delinquencies (Landlords have reported 92% reductions) and recover unpaid rent
• Reduce Tenant turnover and improve monthly cash flow

Get legal help

If you are having trouble with your tenant or your landlord and would like help, call a lawyer now.

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Assignment of Lease Agreement Ontario: Legal Process & Requirements

The ins and outs of assignment of lease agreement in ontario.

As a law enthusiast, there`s something fascinating about the intricacies of lease agreements. Assignment of Lease Agreement Ontario, particular, topic piqued interest quite time. Delve details explore complexities subject.

Understanding Assignment of Lease Agreement

In the realm of real estate, a lease agreement plays a crucial role in determining the rights and responsibilities of both landlords and tenants. In the context of Ontario, the assignment of lease agreement refers to the transfer of a tenant`s rights and obligations under the lease to a new tenant.

When it comes to assigning a lease agreement in Ontario, there are specific legal requirements and considerations that must be taken into account. Take closer look key points:

Case Studies and Statistics

To gain deeper understanding topic, examine real-life Case Studies and Statistics related assignment lease agreements Ontario:

According to a study conducted by the Ontario Landlord and Tenant Board, approximately 20% of lease assignments result in disputes between the original and new tenants.

In a notable case in Ontario, a landlord refused to consent to an assignment of lease, leading to a legal battle that lasted over a year and resulted in significant financial implications for all parties involved.

Expert Insights

I had the opportunity to speak with a seasoned real estate lawyer who provided valuable insights into the assignment of lease agreements in Ontario. According to the expert, the key to a successful lease assignment lies in thorough due diligence and clear communication between all parties.

“From a legal standpoint, it`s crucial for tenants to fully understand their rights and obligations before seeking to assign a lease,” the lawyer emphasized. “Likewise, landlords must approach lease assignments with caution and ensure that the process complies with the legal framework.”

Final Thoughts

Exploring nuances Assignment of Lease Agreement Ontario truly enriching experience. From navigating legal requirements to understanding real-world implications, it`s evident that this topic carries significant weight in the realm of real estate law.

As I continue my journey in the field of law, I look forward to delving deeper into complex topics such as this, gaining a deeper understanding of the legal intricacies that shape our society.

Top 10 Legal Questions about Assignment of Lease Agreement in Ontario

Assignment of lease agreement ontario.

This Assignment of Lease Agreement (“Agreement”) is entered into on this [Date] by and between the Assignor and the Assignee, collectively referred to as the “Parties.”

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Using the New Standard Rental Lease Agreement in Ontario

The new standard rental lease agreement in Ontario is designed to provide landlords and tenants with a clear and comprehensive document that outlines their rights and responsibilities. This agreement is mandatory for all new leases signed on or after March 1, 2021, and replaces the previous standard lease agreement used in the province.

Once the landlord enters a tenancy with a tenant, they need to use this basic rental agreement or residential lease. If you want to know how to get out of a rental lease agreement, how to make a lease agreement for rental property, and other things, make sure to check the blog.

Today, we’ll go through the most frequently asked questions regarding rental lease agreements in Ontario. 

Information About Standard Lease

A new mandatory rental lease agreement, last revised in October 2022, has been introduced for most residential tenancies. The updated agreement is designed to promote fair and transparent leasing practices, and protect the rights of tenants. As part of property management , the standard lease agreement in Ontario outlines the rights and responsibilities of both landlords and tenants.

The standard lease agreement in Ontario includes several key sections that outline the rights and responsibilities of both landlords and tenants. Some of the key elements that are typically included in a standard rental lease agreement include:

• Parties to the agreement: This part is about the names of the landlords and tenants.
• Rental unit: This part is about the description of the rental unit and the address of the rental property (location and the number of parking areas if applicable).
• Contact information: This section covers the landlord’s address where they can get the notices, as well as the agreement of the tenant and landlord to get notices by email. And this section also includes additional contact information. 
• Term of tenancy agreement: This section includes the move-in date and term of the tenancy.
• Rent: This section outlines total rent, including base rent, additional charges, and future rent increases. It also specifies rent payment terms, methods and administrative charges.
• Services and utilities : This section lists additional services and who is responsible for utilities. It also mentions if any extra services can be added with a rent increase.
• Rent discounts: This covers rent discounts and the requirement to pay full rent after the discount ends (including lawful increases).
• Rent deposit: This outlines rent deposit requirements, including limits on amount and use.
• Key deposit: This covers key deposit requirements, including limits on amount and use.
• Smoking: This covers smoking rules in the rental unit. 
• Tenants insurance: This section includes liability insurance requirements.
• Changes to the rental unit: This section covers decorative item installation and limitations on changes to the rental unit.
• Maintenance and repairs: This section states that the landlord is responsible for maintaining the rental unit and property, while the tenant must take care of any damages caused by them or their guests. It also states that the tenant must clean the unit unless otherwise agreed upon. 
• Assignment and subletting: This part states that the tenant must always get the permission of the landlord regarding assigning or subletting the rental unit to another person. The landlord cannot unreasonably withhold the agreement. 
• Additional terms: This section explains that the landlord and tenant can agree on additional rules or terms for the tenancy, which must be attached to the lease once agreed.
• Changes to this agreement: This section states that if there are any changes to the agreement, they must be agreed upon by both parties in a document.  
• Signatures: This section confirms that all parties listed in the agreement have agreed to its terms and must sign the agreement. 

You can find more detailed information regarding each of the rights in Ontario’s rental lease agreement. 

FAQs of Basic Rental Lease Agreements

Is a rental agreement the same as a lease .

No, there is a subtle difference.

What is the difference between a lease and a rental agreement? 

A lease agreement is a long-term contract between a landlord and tenant for the rental of property, typically lasting 6-12 months. A rental agreement is a shorter, more flexible agreement that outlines the terms of renting a property, usually on a month-to-month basis.

Is a month-to-month rental agreement a lease? 

A month-to-month lease is a type of rental agreement that renews every month and can be terminated by either the landlord or tenant with proper notice. 

How to write a simple rental lease agreement or a standard lease agreement?

Follow the above-mentioned sections to understand what must be included in the agreement. 

Can you break the rental lease agreement? 

A tenant who signed a lease for a specific period cannot typically break the lease unless:

• There’s an agreement with the landlord to do so.
• The tenant is allowed to assign the rental property to someone else.
• The tenant needs to move due to abuse or domestic violence.

The tenant has the option to terminate the tenancy by providing the landlord with proper notice, using the designated form from the Landlord and Tenant Board.

How do you get a rental lease agreement?  

To get a rental lease agreement, you can follow these steps:

• Determine the terms of the lease agreement.
• Look for templates online or use lease agreement software to create a custom agreement.
• Have both the landlord and tenant sign and date the agreement.
• Make copies for each party to keep for their records.

Note: It’s recommended to have a lawyer review the agreement before it’s signed to ensure it’s legally binding and in compliance with local laws.

Can a landlord break a rental lease agreement early?

Under property lease management , a landlord can only terminate a tenancy in specific circumstances as defined by the law. The proper rules and procedures must be followed, including using the correct form (available on the Landlord and Tenant Board’s website) and providing adequate notice, to end the tenancy. If notice is given, the tenant is not obligated to vacate the property. A landlord can give notice for reasons related to the tenant’s conduct, such as non-payment of rent, damage to the property, or disturbing others’ peaceful enjoyment of the premises.

How can you negotiate a rental lease agreement? 

• Research market rates for similar properties in the area.
• Determine your budget and the terms you are willing to agree to.
• Start a conversation with the landlord about your desired terms and listen to their counteroffer.
• Consider compromising on certain terms to reach an agreement that works for both parties.
• Get the agreement in writing and review all terms before signing.
• How can you make a rental lease agreement?
• Obtain personal details of landlord and tenant.
• Specify details regarding the rental property.
• Take into account utilities and services offered.
• Familiarize yourself with the lease terms.
• Establish the monthly rent payment and its due date.
• Have clear policies.
• Inform about additional charges.
• Assess the rights and responsibilities of both parties.

These were all the details you need to know about the rental lease agreement. Make sure to double-check them and follow the terms. 

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Occupancy rules: Guests, roommates, subtenants and lease assignments – Ontario housing law basics 

August 23, 2023

The information on this page outlines rules, renters’ rights and landlords’ responsibilities as laid out in Ontario housing laws such as the Residential Tenancies Act, the Human Rights Code and the Housing Services Act.

Usually, a landlord cannot stop a tenant from hosting guests in their rental unit. In regular tenancies, a tenant has the right to welcome any guest that the tenant wants to visit them in their unit, and for any period of time. If a landlord tries to control which guests a tenant can invite into their home, this may be considered harassment or discrimination .   

However, there are some limits to hosting guests. For example, a tenant is responsible for damage that their guests cause to the rental property or if their guests interfere with the landlord’s or other tenants’ interests in or enjoyment of the rental property. A tenant may also be responsible if they allow anyone to commit any illegal acts at the rental building. In these cases, a landlord will sometimes give a tenant’s guest a trespass notice. Although the tenant is still allowed to have that guest visit them in their own unit (if they want to), that guest is not allowed to go anywhere else in the rental property.  

In subsidized or Rent-Geared-to-Income (RGI) housing, the guest policies vary but tenants are normally not allowed to have long-term guests and there is normally a limit on the number of days that a tenant can host a guest. For more information on guest policies in subsidized housing, a tenant should consult the policies set out by their landlord.  

Typically, a landlord cannot raise rent or charge extra fees when a tenant hosts a guest. Ontario’s Residential Tenancies Act (RTA) prohibits landlords from collecting any refundable or non-refundable fees, except for a previously agreed upon key deposit and/or last month’s rental deposit. However, if a guest damages property, the tenant who invited that guest may be responsible to pay for the damage.   

The rules for tenants in Rent-Geared-to-Income (RGI) housing are different. Each RGI housing provider must have a guest policy which allows guests, but the policy will have limitations on how long a guest may visit. Violating a guest policy in RGI housing could result in a rent increase. For more information on guest policies in RGI housing, a tenant should consult their housing provider’s policies.  

Roommates, occupants, and shared facilities 

A roommate or occupant is a person who has not signed a lease, but who lives in the rental unit with the permission of the tenant. Typically, a landlord cannot raise rent or charge extra fees when a tenant adds a roommate or occupant. Ontario’s Residential Tenancies Act (RTA) prohibits landlords from collecting any refundable or non-refundable fees, except for a previously agreed upon deposit for keys and/or one month’s rent. However, if a guest damages the rental property, the tenant who invited the guest may be responsible for the damage.   

The rules for tenants in Rent-Geared-to-Income (RGI) housing are different. A tenant must inform their RGI housing provider if they would like to have a person staying with them for longer than the housing provider’s policies allow. If the RGI housing provider agrees to allow the tenant to add a roommate, the tenant will likely be required to provide information about the roommate to the RGI housing provider, and their rent will likely increase. Violating these policies in RGI housing could result in a rent increase. Tenants should consult their RGI housing provider’s policies for more information about guest policies.   

Some municipalities set by-laws for the minimum amount of floor area required for each person living in one room. A landlord can apply to evict a tenant for overcrowding a unit if a rental unit has so many occupants that the unit is overcrowded. A tenant should consult their municipal by-laws for more information on what constitutes overcrowding.  

The protections for tenants under Ontario’s Residential Tenancies Act only apply to certain types of situations when the facilities of a unit are shared by multiple people.   

Generally, RTA protections apply to a tenant who rents a bedroom and shares all other facilities of a unit with other tenants who all have their own leases.   

RTA protections do not apply to a tenant who shares a kitchen or a bathroom with the person they rent from – which could include their landlord or another tenant who is the lease holder – or with an immediate family member of the landlord.  

In any situation where a tenant shares facilities with other people, they should seek legal advice to confirm whether the protections of the RTA apply to them. Tenants can also consult Community Legal Education Ontario’s (CLEO) resource for more information about their rights in specific housing situations.  

Tenants who rent a bedroom and share facilities – and who are protected by the RTA – should be aware that:  

• Shared amenities like kitchens, living rooms and bathrooms are considered common areas. If a landlord would like to access these areas, they do not need to provide the tenants with a written notice at least 24 hours before would like to enter the unit. However, the landlord would have to provide 24 hours written notice to enter the tenant’s bedroom.   
• If a landlord rents bedrooms within a unit to different tenants under separate leases, it is unlikely that the tenants will have input on who the landlord permits to live in the other bedrooms.   
• These living arrangements are often called rooming houses. Rooming houses are not permitted in many municipalities. If the municipality learns about a rooming house, for example because someone makes a maintenance complaint to the municipality’s by-law enforcement office, the municipality may order the property owner to stop operating the property as a rooming house. This can put the tenants at risk of eviction. The LTB does not consider whether a unit is permitted, and maintenance complaints can be made to the LTB even when a unit is not permitted in a municipality.  

Subletting 

In Ontario’s Residential Tenancies Act (RTA), subletting happens when a tenant transfers their entire rental unit to another person or group – known as a subtenant – for a specific period of time, and then the tenant later returns to resume living in their unit, and the subtenant moves out. The original lease agreement between the tenant and the landlord remains in effect. This means that the tenant remains responsible to the landlord for paying rent. Typically, a subtenant pays rent to the original tenant during the subtenancy. However, even if the subtenant pays the landlord directly, the tenant is still ultimately responsible for ensuring that the rent is paid to the landlord. The tenant is also responsible for any damage that the subtenant causes to the unit.  

There are some restrictions on subletting a unit. For example, a sublet agreement must specify the time period for the subtenancy. This means that a subtenancy cannot go month-to-month like a tenancy can. Furthermore, a tenant must leave the rental unit while allowing a subtenant to live in the unit. There is no sublet relationship if a tenant does not leave the rental unit while allowing another person to live in the unit. If the tenant lives in the unit at the same time as another person, then that other person is an occupant or a roommate. Read more about the differences between a sublet, an occupant, and a roommate .  

The Residential Tenancies Act (RTA) requires a tenant to get their landlord’s permission to sublet their unit. However, a landlord is not allowed to “arbitrarily” or “unreasonably” stop a tenant from subletting the unit. If a landlord refuses to allow their tenant to sublet their unit, the tenant can apply to the Landlord and Tenant Board (LTB) to determine whether the landlord arbitrarily or unreasonably refused to allow them to sublet.  

If a tenant gives possession of the rental unit to another person without the landlord’s consent, the sublet agreement is not valid at the LTB and the person who has taken possession could be evicted by the landlord.   

Rent-Geared-to-Income (RGI) housing policies normally prevent a tenant from subletting their unit. If an RGI housing provider prohibits subletting, and a tenant sublets their unit anyway, the tenant could be evicted. Tenants who live in RGI housing should consult their housing provider’s policies for more information on subletting.  

A tenant who sublets their unit is still entitled to all the benefits of their tenancy agreement , and they also still hold all the responsibilities of that agreement with their landlord. The tenant is also responsible to ensure that their subtenant upholds all the responsibilities of the tenancy agreement with the landlord . For example, t his means that the tenant is responsible to ensure that the rent is paid to the landlord , and the tenant can apply to evict their subtenant if the subtenant fails to pay the rent.    

During the subtenancy, t he subten ant is entitled to the benefits ou tlined in the sublet agreement a s well as in the RTA . The subtenant is also accountable for any responsibilities described in their sublet agreement that do not conflict with the RTA . Typically, landlords do not have any responsibilities towards the subtenant. However, the landlord continues to have responsibilities towards the tenant when that tenant sublets the rental unit. For example, a landlord should continue to maintain the unit and make repairs during a subtenancy . A subtenant can inform the tenant or the landlord of repairs that are needed.  

Lease assignments

A tenant can “assign” their lease to another person. When a lease is assigned to another person, the original lease agreement ends and a new lease agreement begins. The new lease agreement is between the new tenant (or “assignee”) and the landlord.  

As a result, the original tenant (or “assignor”) will no longer have a right to occupy the unit. The original tenant will not owe any rent that is due after the date that the assignment begins. All of the rights to the unit and the obligations to the landlord become the responsibility of the new tenant. The details of the lease remain the same, including the type of lease (yearly, monthly, weekly, daily, or fixed-term), any included amenities or services, and the amount of rent owed.  

As noted above, if a tenant chooses to sublet their unit, the lease agreement between the original tenant and the landlord continues. The sublet agreement creates a relationship between the tenant and the subtenant. The tenant becomes the subtenant’s landlord. Often, the subtenant pays rent to the tenant and the tenant pays rent to the landlord. If the subtenant is late paying their rent, the tenant will still owe the landlord that rent.  

If a tenant chooses to assign their lease, the new tenant’s lease agreement replaces the original tenant’s lease agreement. The original tenant will owe the landlord rent up until the day before the start date of the assigned lease. At the start date of the assigned lease, the new tenant will owe the landlord rent, and the original tenant will not owe any more. Once the new tenant’s lease begins, the original tenant has no remaining rights to the unit. For example, the original tenant cannot move back into the unit at the end of the new tenant’s assigned lease.  

Section 95 of the RTA describes the rules about lease assignments.  

A tenant must ask for their landlord’s approval to assign their lease. Usually, the tenant is also responsible for finding a new tenant (the assignee) to take over the lease. However, there are some circumstances where the landlord may want to choose the assignee, for example from their building’s waiting list.  

It is up to the tenant to decide whether to ask for their landlord’s approval first and then try to find an assignee, or whether to find an assignee first and then ask for the landlord to approve the assignment and the potential assignee at the same time. Keep in mind that a landlord may refuse to allow the lease assignment and/or refuse to approve a particular assignee suggested by the tenant.  

If a landlord refuses to allow a tenant to assign their lease, the tenant may choose to continue living in the unit and keep their original lease agreement. However, if the tenant would still like to move out, they may end their tenancy by giving the landlord an N9 form called “Tenant’s Notice to End the Tenancy”. The tenant must provide this notice within 30 days of the landlord’s refusal, and they must provide the landlord with at least 30 days’ notice before they intend to move out.   

A landlord has seven days to respond to a tenant’s request to assign their lease. If the landlord has not replied within seven days, the tenant then has 30 days to give the landlord an N9 form to end their tenancy. The tenant must provide the landlord with at least 30 days’ notice before they intend to move out.  

If a landlord consents to a tenant’s request to assign their lease but does not approve the specific assignee chosen by the tenant, the tenant can apply to the Landlord and Tenant Board (LTB). The landlord is not allowed to “unreasonably” or “arbitrarily” refuse an assignee chosen by the tenant. However, if the landlord has a good reason to refuse the request, the tenant will have to find a different assignee.   

If the LTB agrees that the landlord “unreasonably” or “arbitrarily” refused to consent to a particular assignee, the LTB may order that the landlord agree to the assignee, that the landlord agree to a different assignment suggested by the tenant, or that the lease agreement between the tenant and landlord be terminated. If a tenant finds themselves in this situation, they should get legal advice about their options.  

If you need help in your housing, we may be able to assist you.

u003cp style=u0022text-align: left;u0022u003eThe Canadian Centre for Housing Rights (CCHR) provides u003ca href=u0022https://housingrightscanada.com/our-work/our-tenant-services/u0022u003efree, individualized servicesu003c/au003e to renters in Ontario who are facing challenges in their housing.u003c/pu003e

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While financially supported by The Law Foundation of Ontario, the Canadian Centre for Housing Rights is solely responsible for all content on this page.

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Sublease or Assignment: ONCA Interprets Section 3 of the Ontario Commercial Tenancies Act in V Hazelton Limited v. Perfect Smile Dental Inc.

Practical law canada legal update w-021-2454  (approx. 7 pages), factual context, relief sought by head tenant: head lease was properly renewed, head landlord's defence: head lease had expired.

• The sublease to Chaves was actually an assignment because V Hazelton leased the premises to Chaves for the entire balance of the head lease term (or did not reserve the last day for itself). As of the assignment, V Hazelton did not have a landlord-tenant relationship with Perfect Smile which could be renewed.
• The renewal clause in the head lease was void for uncertainty and unenforceable because it did not set out a specific renewal rental rate and didn't give an arbitrator sufficient guidance to determine the rate.
• V Hazelton did not satisfy the precondition in the head lease for exercising the option to renew. The option could only be exercised if the tenant was not in default, and V Hazelton was in default at the time because it had previously removed a bathroom from the leased premises without the landlord's consent, contrary to the terms of the lease.

Legal Background: Assignments and Subleases; Section 3 of the Ontario Commercial Tenancies Act

The relation of landlord and tenant does not depend on tenure, and a reversion in the lessor is not necessary in order to create the relation of landlord and tenant, or to make applicable the incidents by law belonging to that relation; nor is it necessary, in order to give a landlord the right of distress, that there is an agreement for that purpose between the parties.

Ontario Superior Court of Justice Decision: No Damages Suffered for Breach of Contract

Ontario court of appeal decision: the sublease for the entire unexpired term was not an assignment by application of section 3 of the cta; head lease was properly renewed, practical implications.

• Section 3 of the CTA only applies in Ontario, so this case may only have implications in Ontario.
• It is a change from the common law that, by statute, a transfer by a tenant of all of its unexpired term in a head lease may not be an assignment and may be a sublease in Ontario. However, the court stated that it did not remove entirely the distinguishing feature of subleases from assignments that a sublease is a lease for part of the unexpired term and an assignment is a transfer of all of the unexpired term ( V Hazelton Limited , paragraph 69). By the court's interpretation, section 3 of the CTA only applies if the sublandlord did not reserve part of the term and the parties did not intend an assignment (or, put another way by the court, the parties intended to maintain a landlord and tenant relationship between the head landlord and head tenant), as shown by the sublease agreement.
• The court's interpretation of section 3 of the CTA makes the parties' intentions relevant in finding a sublease or assignment in Ontario, while under the common law the parties' intentions are generally irrelevant. Under the common law, the important factor is whether the sub-landlord reserved part of the term (sublease) or not (assignment).
• The Ontario Court of Appeal anticipated that its decision would not have "far-ranging" impact because it expects most people will still reserve the last day of the term of the head lease in a sublease ( V Hazelton Limited , paragraph 70).
• The court seemed to expect that section 3 of the CTA may only apply in "limited cases" where a sublandlord/head tenant did not reserve the last day of the term in a sublease for some reason but wants to maintain real property rights in the leased premises that it had under the head lease ( V Hazelton Limited , paragraph 70).
• Even with this new interpretation of section 3 CTA from this case, the preferred way to create a sublease in Ontario may continue to be to reserve the last day (or some other duration) of the original term of the head lease in the sublease agreement, to avoid creating an assignment.

Practical Law Resources

• Practice Note, Assignment and Subleasing: Leasing Fundamentals .
• Standard Document, Assignment and Assumption of Leasehold Interest (with Landlord Consent and Estoppel, Long Form) .
• Standard Document, Landlord Consent to Assignment of Lease .
• Standard Document, Landlord Consent to Sublease .
• Standard Document, Sublease (Part of Premises) .
• Standard Document, Sublease (Part of Premises, Part of Term) .
• Standard Document, Sublease (Whole of Premises, Part of Term) .
• Commercial Leasing

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Ontario Assignment of Lease by Landlord

Assign an existing lease on a rental property to a new owner as part of the sale transaction with this Ontario Assignment of Lease by Landlord form.

• The Assignment is between the seller (current landlord), the purchaser of the property (new landlord), and the tenant.
• The tenant covenants to pay rent to the new landlord and continue to perform the tenant's obligations under the lease.
• The assignor and assignee agree to indemnify each other against any claims or actions arising out of any breach of the terms of the assignment.
• This form can be used for either a residential or commercial rental property in the Province of Ontario, Canada.
• This is a fully editable legal template in MS Word format.

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Residential Tenancy Agreement (Standard Form of Lease)

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dated 2020/12

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2018/01 Old Version

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Assignment of Lease

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What is an assignment of lease.

The assignment of lease is a title document that transfers all rights possessed by a lessee or tenant to a property to another party. The assignee takes the assignor’s place in the landlord-tenant relationship.

You can view an example of a lease assignment here .

How Lease Assignment Works

In cases where a tenant wants to or needs to get out of their lease before it expires, lease assignment provides a legal option to assign or transfer rights of the lease to someone else. For instance, if in a commercial lease a business leases a place for 12 months but the business moves or shuts down after 10 months, the person can transfer the lease to someone else through an assignment of the lease. In this case, they will not have to pay rent for the last two months as the new assigned tenant will be responsible for that.

However, before the original tenant can be released of any responsibilities associated with the lease, other requirements need to be satisfied. The landlord needs to consent to the lease transfer through a “License to Assign” document. It is crucial to complete this document before moving on to the assignment of lease as the landlord may refuse to approve the assignment.

Difference Between Assignment of Lease and Subletting

A transfer of the remaining interest in a lease, also known as assignment, is possible when implied rights to assign exist. Some leases do not allow assignment or sharing of possessions or property under a lease. An assignment ensures the complete transfer of the rights to the property from one tenant to another.

The assignor is no longer responsible for rent or utilities and other costs that they might have had under the lease. Here, the assignee becomes the tenant and takes over all responsibilities such as rent. However, unless the assignee is released of all liabilities by the landlord, they remain responsible if the new tenant defaults.

A sublease is a new lease agreement between the tenant (or the sublessor) and a third-party (or the sublessee) for a portion of the lease. The original lease agreement between the landlord and the sublessor (or original tenant) still remains in place. The original tenant still remains responsible for all duties set under the lease.

Here are some key differences between subletting and assigning a lease:

• Under a sublease, the original lease agreement still remains in place.
• The original tenant retains all responsibilities under a sublease agreement.
• A sublease can be for less than all of the property, such as for a room, general area, portion of the leased premises, etc.
• Subleasing can be for a portion of the lease term. For instance, a tenant can sublease the property for a month and then retain it after the third-party completes their month-long sublet.
• Since the sublease agreement is between the tenant and the third-party, rent is often negotiable, based on the term of the sublease and other circumstances.
• The third-party in a sublease agreement does not have a direct relationship with the landlord.
• The subtenant will need to seek consent of both the tenant and the landlord to make any repairs or changes to the property during their sublease.

Here is more on an assignment of lease here .

Benjamin E.

Parties Involved in Lease Assignment

There are three parties involved in a lease assignment – the landlord or owner of the property, the assignor and the assignee. The original lease agreement is between the landlord and the tenant, or the assignor. The lease agreement outlines the duties and responsibilities of both parties when it comes to renting the property. Now, when the tenant decides to assign the lease to a third-party, the third-party is known as the assignee. The assignee takes on the responsibilities laid under the original lease agreement between the assignor and the landlord. The landlord must consent to the assignment of the lease prior to the assignment.

For example, Jake is renting a commercial property for his business from Paul for two years beginning January 2013 up until January 2015. In January 2014, Jake suffers a financial crisis and has to close down his business to move to a different city. Jake doesn’t want to continue paying rent on the property as he will not be using it for a year left of the lease. Jake’s friend, John would soon be turning his digital business into a brick-and-mortar store. John has been looking for a space to kick start his venture. Jake can assign his space for the rest of the lease term to John through an assignment of lease. Jake will need to seek the approval of his landlord and then begin the assignment process. Here, Jake will be the assignor who transfers all his lease related duties and responsibilities to John, who will be the assignee.

You can read more on lease agreements here .

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Assignment of Lease From Seller to Buyer

In case of a residential property, a landlord can assign his leases to the new buyer of the building. The landlord will assign the right to collect rent to the buyer. This will allow the buyer to collect any and all rent from existing tenants in that property. This assignment can also include the assignment of security deposits, if the parties agree to it. This type of assignment provides protection to the buyer so they can collect rent on the property.

The assignment of a lease from the seller to a buyer also requires that all tenants are made aware of the sale of the property. The buyer-seller should give proper notice to the tenants along with a notice of assignment of lease signed by both the buyer and the seller. Tenants should also be informed about the contact information of the new landlord and the payment methods to be used to pay rent to the new landlord.

You can read more on buyer-seller lease assignments here .

Get Help with an Assignment of Lease

Do you have any questions about a lease assignment and want to speak to an expert? Post a project today on ContractsCounsel and receive bids from real estate lawyers who specialize in lease assignment.

Meet some of our Assignment of Lease Lawyers

An entrepreneurial, results-oriented advocate, legal and compliance professional with a successful track record of providing strategic legal advice and operational support to high growth national companies. Well established expertise in commercial transactions, acquisitions, and compliance oversight and policy development, including specialized expertise in sales, marketing and advertising compliance.

My name is Elexius. I’ve been practicing since 2016. I began my career doing defense work for insurance companies. I handled worker’s compensation cases, insurance subrogation claims and a number of related employment issues including wage and hour disputes, resignation, termination and release of claims. I also handled employee contract matters and revised contracts as needed for my clients. In my current role I draft contracts and related agreements, including cease and desist, letters of understanding, and various notices. I also handle contractual interference issues.

I’m the Managing Attorney at The Coaxum Firm LLC, a small firm located in Alabama that handles Family Law, Criminal Defense, and Personal Injury cases. My law partner is my older brother, Louis Coaxum, and we’ve been practicing together as a firm for over 8 years.

Jerry has been practicing law in Hawaii for over twenty years which includes the areas of labor and employment.

I have practiced law for 20+ years. I am knowledgeable, skilled, and experienced in IP related matters; contract drafting and revisions; trial preparation (including ITC Section 337 trials); and many other legal areas. Further, I earned a bachelor of science degree in electrical engineering and worked as a junior and primary patent examiner for over a decade. Furthermore, I have produced a feature film and set up and maintained the production office before, during, and after filming.

Kimm Massey, Esq. is a graduate of Harvard Law School, who has almost thirty years of experience practicing law. Her background includes litigation work for large multinational corporate law firms, the federal government, and the District of Columbia government. She founded Massey Law Group a decade ago. Attorney Kimm Massey has been admitted to the Bars of Washington DC, Maryland, Pennsylvania, Florida, the U.S. District Court for the District of Columbia, the U.S. District Court for the District of Maryland, the United States Court of Federal Claims, the United States Court of Appeals for Veterans’ Claims, and the United States Court of Appeals for the Fourth Circuit.

Michelle M.

Ms. Marshall practices primarily in the areas of commercial and residential real estate, business/corporate, estate planning and tax. She spent the first 10 years of her career also practicing in civil litigation, collections and personal injury. Ms. Marshall concentrates her practice on the needs of individuals, entrepreneurs and small to medium sized businesses. During the course of her career Ms. Marshall has earned recognition as a Central Ohio Top Lawyer.

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Contract to lease land from a church.

I’m planning on leasing land from a church. Putting a gym on the property. And leasing it back to the school.

Ok; first step is that you will need a leasing contract with the church. Ask them to prepare one for you so you would just need an attorney to review the agreement and that should cost less than if you had to be the party to pay a lawyer to draft it from scratch. You need to ensure that the purpose of the lease is clearly stated - that you plan to put a gym on the land so that there are no issues if the church leadership changes. Step 2 - you will need a lease agreement with the school that your leasing it do (hopefully one that is similar to the original one your received from the church). Again, please ensure that all the terms that you discuss and agree to are in the document; including length of time, price and how to resolve disputes if you have one. I hope this is helpful. If you would like me to assist you further, you can contact me on Contracts Counsel and we can discuss a fee for my services. Regards, Donya Ramsay (Gordon)

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