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The Tenant's Request for Consent to Assign a Lease is a document by which a tenant seeks the landlord's consent to assign or transfer their lease.
A lease assignment occurs when a tenant transfers their unexpired lease to another party. Upon assignment of lease, the new tenant assumes the obligations of the tenant, including the payment of rent to the landlord. This means that the tenant transfers the lease if they intend to vacate the rental premises before the expiration date of the lease. For example, if a tenant signs a Business Lease for a fixed term of one year but the business fails within six months, the tenant can transfer the remaining unexpired six months to another person.
In some cases, some landlords outrightly prohibit lease assignments, and in such cases, tenants can not transfer their lease. However, some landlords may prohibit their tenant from assigning their lease without the landlord's consent. In this case, a tenant must first obtain their landlord's consent before they can transfer their lease. Usually, the landlord is under an obligation not to withhold their consent unreasonably.
Overall, it is important to review the Tenancy Agreement to first ascertain whether the tenant is permitted to assign their lease, and if the lease assignment is permitted, the tenant is required to fulfill any condition of the lease.
How to use this document
When sending this request, the tenant is required to enter specific details about the new tenant, such as the name and address, and be prepared to give additional information required by the landlord. After completing the document, it should be printed and signed by the tenant. The tenant should deliver the letter to the landlord and keep a copy for their record.
Upon receipt, the landlord may grant the request or give reasonable grounds for their refusal. If the landlord approves the lease assignment, the tenant will require a Lease Assignment Agreement to outline the terms and conditions of the lease assignment.
Note that this document can be sent to the landlord either as a letter or by email.
Tenancy agreements are subject to laws of various states in Nigeria. In Lagos State, the following laws are applicable:
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