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Q.What is an Assignment?
A.Unlike a sublease, an assignment is a transfer of the tenant's rights to someone else. With an assignment the subtenant becomes directly responsible to the landlord (e.g. pays rent directly to the landlord). However, like a sublease, an assignment is a contract between the original tenant and the new tenant (not the landlord) and the original tenant remains responsible for any damage caused by the subtenant or default in rent.
In order for the original tenant to be relieved of his or her obligations under the tenancy, the landlord, original tenant, and the new tenant must all agree that the new tenant will be solely responsible to the landlord under the assignment. This agreement is called a novation, and should be in writing.
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