It’s only when we are clear about the difference between assignment and sublease that we can move further to the Second Assignment of Sublease. It is a provision under US law in which a subtenant can transfer all his rights and responsibilities to another party.
When a subtenant who is already in an agreement with the original tenant decides to give his rights to a third party, they enter into the Second Assignment of Sublease.
The landlord’s consent in this entire process is of utmost importance. Without the owner’s consent, you should never sublease or sub-rent his property. The agreement should also have adequate information about the rights and responsibilities of both parties.
When Is the Second Assignment of Sublease Needed?
When a subtenant needs to give his/her entire rights to a third party, The Second Assignment of Sublease is needed. The whole process makes it easy for the landlord, tenant, and subtenant. There is absolutely no point in holding a property that you don’t need anymore. Why would someone want to continue paying rent for a premise that they don’t even use? The process of lease and sublet allows more people to be able to find a premise.
Purpose of The Second Assignment of Sublease:
- To absolve from the rights of a premise that you don’t need
- To give rights of a premise to another party
- To not bear the cost and maintenance of a premise that you don’t live in
- To lay down the foundation of the second assignment
Inclusions in The Second Assignment of Sublease?
It is extremely important to draft such an agreement with great caution. Though the clauses in this agreement are less complex, it is paramount for both the parties to have a very clear idea about their rights and responsibilities. In addition, information about default, damage, and maintenance is also required.
Some key points that must be included are:
- Names and permanent addresses of both the parties
- Address of the property
- Landlord’s consent
- Details about period of the agreement
- Details about the rent
- Information about rights of both the parties
- Dispute resolution
- Details of what happens when there is damage
How to Draft the Second Assignment of Sublease?
To draft a Second Assignment of Sublease, first, it is really important for both the parties to understand the difference between assignment and sublease. Further, they both should be clear about rules, responsibilities, and rights. Since the new party will be paying the rent to the landlord directly, it is also important to take the landlord’s permission. Please note, without the landlord’s consent, this agreement may not hold any legal value and validity.
As we know in the case of agreement, the owner can decide whether he wants to completely free the second party from the issues relating to damage and default. For both the parties, it is fitting to know such details before drafting the assignment. In case the owner doesn’t take the assignee off the hook, he will be responsible to bear the damages. It is suggested that the assignee should try to convince the owner to release him from all responsibilities.
Benefits of The Second Assignment of Sublease
The major benefit of a Second Assignment of Sublease is that it allows subtenants to give their full rights to a third party. In this case, the subtenant doesn’t hold certain rights or some portion of the property.
Pros of The Second Assignment of Sublease
- Transfer of the rights to a new party
- Access to the property for someone in need
- Less worry for the owner
- No involvement of subtenant in rent and rent cycles
- Subtenant can convince the owner to keep him off the hook completely
The only downside of this agreement is the liability on the subtenant in the event of a default or damage. The owner in most cases would want to hold him accountable for any breach and mishap.
Key Clauses in The Second Assignment of Sublease
Like every other agreement, this agreement too has many clauses that the third party and subtenant should be aware of. Both the parties should read the clauses carefully before signing the agreement.
- Dispute resolution
- Deposit clause
- Maintenance clause
- Access to premise
- Buy-out clause
- Disturbance clause
What Happens When You Violate Second Assignment of Sublease
In the case of any breach from the tenants, landlords can take legal action against any or all of them. The owner can also decide to hold onto the deposit money of the defaulter. The landlord possesses all the rights of the property. If the new party fails to pay the rent, owner can hold the subtenant accountable too.
Sample Second Assignment of Sublease
It’s a very important document that protects the landlord, the subtenant’s rights, and the new party. It should be drafted with utmost caution and carefulness. It’s suggested that one should take the help of an expert while drafting it. Do not forget to take the landlord’s consent.
Here is a sample drafted by our experts. You can customise it further if you wish.
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