assignment of rents and leases form

Assignment of Rents – What, Why, and How?

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• November 29, 2023

These days, almost all commercial loans include an Assignment of Rents as part of the Deed of Trust or Mortgage. But what is an Assignment of Rents, why is this such an important tool, and how are they enforced?

An Assignment of Rents (“AOR”) is used to grant the lender on a transaction a security interest in existing and future leases, rents, issues, or profits generated by the secured property, including cash proceeds, in the event a borrower defaults on their loan. The lender can use the AOR to step in and directly collect rental payments made by the tenant. For an AOR to be effective, the lender’s interest must be perfected, which has a few fairly simple requirements. The AOR must be in writing, executed by the borrower, and recorded with the county where the property is located. Including an AOR in the recorded Deed of Trust or Mortgage is the easiest and most common way to ensure the AOR meets these requirements should it ever need to be utilized.

When a borrower defaults, lenders can take advantage of AORs as an alternative to foreclosure to recoup their investment. With a shorter timeline and significantly lower costs, it is certainly an attractive option for lenders looking to get defaulted borrowers back on track with payments, without the potential of having to take back a property and attempting to either manage it or sell it in hopes of getting your money back out of the property. AORs can be a quick and easy way for the lender to get profits generated by the property with the goal of bringing the borrower out of default. But lenders should carefully monitor how much is owed versus how much has been collected. If the AOR generates enough funds so that the borrower is no longer in default, the lender must stop collecting rents generated by the property.

Enforcement of an AOR can also incentivize borrowers to work with the lender to formulate a plan, as many borrowers rely on rental income to cover expenses related to the property or their businesses. Borrowers are generally more willing to come to the table and negotiate a mutual, amicable resolution with the lender in order to protect their own investment. A word of warning to lenders though: since rental income is frequently used to pay expenses on the property, such as the property manager, maintenance, taxes, and other expenses, the lender needs to ensure they do not unintentionally hurt the value of the property by letting these important expenses fall behind. This may hurt the lender’s investment as well, as the property value could suffer, liens could be placed on the property, or the property may fall into disrepair if not properly maintained. It is also important for lenders to be aware of the statutes surrounding the payment of these expenses when an AOR is being used, as some state’s statutes require the lender to pay certain property expenses out of the collected rents if requested by the borrower.

In addition to being shorter and cheaper than foreclosure, AORs can be much easier to enforce. In California, the enforcement of an AOR is governed by California Civil Code §2938. This statute specifies enforcement methods lenders can use and restrictions on use of these funds by the lender, among other things. Under CA Civil Code §2938(c), there are 4 ways to enforce an AOR:

• The appointment of a receiver;
• Obtaining possession of the rents, issues, profits;
• Delivery to tenant of a written demand for turnover of rents, issues, and profits in the correct form; or
• Delivery to assignor of a written demand for the rents, issues, or profits.

One or more of these methods can be used to enforce an AOR. First, a receiver can be appointed by the court, and granted specific powers related to the AOR such as managing the property and collecting rents. They can have additional powers though; it just depends on what the court orders. This is not the simplest or easiest option as it requires court involvement, but this is used to enforce an AOR, especially when borrowers or tenants are uncooperative. Next is obtaining possession of the rents, issues, profits, which is exactly as it seems; lenders can simply obtain actual possession of these and apply the funds to the loan under their AOR.

The third and fourth options each require delivery of a written demand to certain parties, directing them to pay rent to the lender instead of to the landlord. Once the demand is made, the tenant pays their rent directly to the lender, who then applies the funds to the defaulted loan. These are both great pre-litigation options, with advantages over the first two enforcement methods since actual possession can be difficult to obtain and courts move slowly with high costs to litigate. The written demands require a specific form to follow called the “Demand To Pay Rent to Party Other Than Landlord”, as found at CA Civil Code §2938(k). There are other notice requirements to be followed here, so it is essential to consult with an experienced attorney if you are considering either of these options. California Civil Code §2938 specifically provides that none of the four enforcement methods violate California’s One Action Rule nor the Anti-Deficiency Rule, so lenders can confidently enforce their AORs using the above methods with peace of mind that they are not violating other California laws.

Whether you are looking to originate a new loan, or you are facing a default by your borrower, understanding what an Assignment of Rents is and how it operates can be extremely beneficial. Enforcing an AOR can be an easier option than foreclosure and can help promote a good relationship with your borrower when handled correctly. If you have any questions about AORs, or need further details on how to enforce them, Geraci is here to help.

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Assignment of Leases and Rents

An Assignment of Leases and Rents is part of the mortgage or deed of trust documentation in a loan agreement and it is used to sign over the lease and rental income to the lender in the event the borrower defaults on the loan.

• About document

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How it works.

The owner of a rental property can use the property’s rental income as collateral for a loan. Similarly, when buying a property for rental purposes, the investor can use the rental income as collateral for the mortgage.

What Is an Assignment of Leases and Rents?

The Assignment of Leases and Rents is often used by a lender when processing loan applications for rental properties. In most cases, this assignment is used for commercial properties but not exclusively. It can be standard procedure for any property not considered a primary residence.

The Assignment of Leases and Rents could be a necessary document in a loan application of a rental property where the lender cannot take over the rent until the mortgage or deed of trust is assigned.

Other Names for Assignment of Leases and Rents

Depending on your state, an Assignment of Leases and Rents may also be known as:

• Assignment of Rents
• Deed of Trust With Assignment of Rents
• General Assignment of Rents
• Absolute Assignment of Rents

Who Needs an Assignment of Leases and Rents?

Lenders use an Assignment of Leases and Rents for extra security when processing loan applications.

Why Use 360 Legal Forms for Your Assignment of Leases and Rents

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Create your own documents by answering our easy-to-understand questionnaires to get exactly what you need out of your Assignment of Leases and Rents.

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How to Create an Assignment of Leases and Rents With 360 Legal Forms

An Assignment of Leases and Rents is a vital document requiring specific wording and accurate information.

Let 360 Legal Forms help with our extensive library of attorney-vetted legal forms. The process is fast and easy. All you have to do is fill out our easy-to-understand questionnaire. Once complete, simply download your form as a PDF or Word document from your secure online account.

What Information Will I Need to Create My Assignment of Leases and Rents?

To create your document, please provide:

• The Effective Date : The date when the assignment will become effective.
• Assignor Details : The legal name and contact information of the borrower.
• Assignee : The legal name and contact information of the lender.
• Loan Amount: The principal of the loan.
• Collateral : The description and address of the property used as collateral for the loan.
• Security Instrument : Specify whether this is an assignment for a mortgage or deed of trust.
• Trustee : The trustee of the deed of trust, as applicable.
• Signature : The assignor is to sign the document.

Assignment of Leases and Rents Terms

• Assignor : In the context of an Assignment of Leases and Rents, this is the person or entity signing over leases or rents to another party.
• Assignee : In the context of an Assignment of Leases and Rents, this is the person or entity receiving the assignment.
• Deed of Trust : A document creating a third-party instrument between a lender and borrower.
• Lease : An agreement between the landlord and a tenant for the right to use and occupy real property.
• Tenancy : The state of a rental space being tenanted.
• Collateral: An asset or assets used as security for a loan.
• Security Instrument : In the context of an Assignment of Leases and Rents, either a mortgage or deed of trust.

Assignment of Leases and Rents Signing Requirements

Before the borrower signs the Assignment of Leases and Rents, they should make sure all information is accurate. For the assignment to be enforceable, the borrower must sign the document in front of a witness and notary public.

What to Do With Your Assignment of Leases and Rents

After creating your Assignment of Leases and Rents on 360 Legal Forms, get it signed and notarized as described above. When used for a loan, the document has to be filed with the county recorder’s office.

Frequently Asked Questions

As the term implies, an absolute assignment means that the lender will have complete control of the leases and rents in the event the borrower defaults on the loan. In contrast, a conditional assignment places a lien on the leases and rents and makes it possible for the lender to collect them. A conditional assignment may have other limitations like a time constraint.

Even when a lender has all the official documentation, it can only take over rent collection in the event of loan default. In the case of missed payments on the loan, the usual process is for the lender to send a letter formally requesting the missed payments before enforcing any Assignment of Leases and Rents.

When a borrower pays off the mortgage in full, the lender is to issue a satisfaction of mortgage to both the borrower and the County Recorder's Office, usually within 90 days at the latest. If not, the borrower could send a demand for satisfaction of mortgage and formally request the lender to release the lien on the property.

The deed of trust and mortgage have only one fundamental difference. A mortgage has two parties in the agreement, the lender and the borrower, whereas the deed of trust also has a trustee tasked with managing the loan, including foreclosures.

Most lenders will require borrowers to execute an Assignment of Leases and Rents in order to approve an investment loan on a rental property. Of course, you can avoid this if you do not need a loan and pay all cash for an investment property. You can also seek unsecured financing options like a line of credit at a much higher interest rate.

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Users that make a Assignment of Leases and Rents sometimes need additional documents.

• Assignment of Trade Name
• Agreement Assignment
• Assignment and Assumption of Lease Agreement
• Personal Property Rental Agreement
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WTO / Real Estate / Lease Agreements / Free Assignment of Lease Forms | Word – PDF

Free Assignment of Lease Forms | Word – PDF

Do you need to move out of your rental for a job or to go to school? Is your family expanding, or do you need to cut down on some of your bills to downsize? When you are in the middle of your lease, it may seem like you are stuck and can’t get out of the agreement. But an assignment of lease can be the trick you need to get ahead.

What is Assignment of Lease?

It is a tool that a tenant can utilize if they wish to get out of their lease ahead of time and assign it to another tenant.

Not all landlords will allow this, and if they do, they often have specific rules about how it can occur. When the landlord allows it, the tenant can move out of the rental and not worry about the penalties of breaking their lease.

Different names are used for an assignment of lease. Some of these include:

• Lease transfer
• Assignment agreement
• Lease assignment agreement
• Lease assignment form

No matter the name it goes under, it will serve the same purpose. This agreement will be useful to a tenant who wishes to leave the rental property ahead of the end of the lease. If they want to leave after six months and the lease is for one year, they may need to do a lease assignment with their landlord to help fill the rental before leaving.

This will help them solve this problem. With the permission of the landlord, the tenant can transfer their obligation under the lease over to another person. Once the landlord agrees , the new tenant (assignor ) can move in and follow the same rules that the original tenant ( assignee ) did, including property maintenance and any rent obligations. This will then release them from the obligations under the lease, allowing them to move and sign a new lease without a bad recommendation.

Most states require the landlord to be reasonable when it comes to a lease assignment. They do not have to accept each person you bring to them, especially if that person has a bad rental payment history or another problem that the landlord would not usually tolerate in their properties. But the landlord is not allowed to make things unnecessarily difficult, and they can’t refuse a tenant only to keep you on the property.

Both parties must have sufficient paperwork to help keep things organized. This should start with a properly drafted assignment so that all parties, including the landlord, new tenant, and old tenant, can understand which obligations are being transferred and who will be part of the new lease. This agreement can make the new tenant and landlord relationship run smoothly.

Types of Lease Assignment

The type of lease assignment the tenant will sign depends on the type of lease agreement the tenant has from the start. They may live in a residential home and need to do a lease assignment that works for that, or they could be a major business that will need assignment to leave the commercial property.

Residential lease assignment

When a tenant lives in an apartment, duplex, single-family home, or another place that they call home and need to move out before the end of the lease, they can do an assignment of lease. This allows them to find another tenant for the landlord, someone who will take their place and continue with the terms of the lease.

When the original tenant chooses to do a lease assignment, they will contact their landlord. The landlord can then screen the tenant to make sure their background, credit, and past rental history match up with who the landlord is comfortable renting out to. After these checks are done, the landlord can write the assignment and sign it with both the original and new tenant before the new agreement begins.

Commercial lease assignment

Some leases are between landlords and commercial businesses. The business utilizes the building in order to run their day to day operation. The business may decide that they no longer want to rent that property in the middle of their lease. The business can use the lease assignment form to help them get out of the lease with a new business in their place.

Assignment Vs. Sublease

Some tenants may be confused about the differences between a sublease and a lease assignment. Both of these will involve the original tenant finding someone new to take over the property, but they are different processes. If the tenant wants to do an assignment of lease, they need to do it the proper way to make sure it is done the right way.

The assignment will occur when the tenant works with the landlord to transfer their lease over to a new tenant. The new tenant must agree to take over the lease, keeping the property maintained and paying the rental amount each month. The previous tenant will no longer have their name on the lease and is free to move on to a new property without having to keep up with the obligations of the lease. The landlord will be part of this agreement as they do screenings and need to approve the new tenant.

The sublease will be when the tenant chooses to hand over the obligations of the lease to someone else through a subleasing agreement. The landlord is not part of this agreement, and they often do not approve of subleasing because it can allow an unknown person into the property without the landlord’s approval. The tenant will be held responsible for the original lease and all of its terms, so it can be a risky thing to work on.

You must look through the original lease agreement to see what rules are in place for subleasing or doing an assignment of lease. Most lease agreements will include whether one or both of these are allowed and will list out the specific steps that the tenant must follow for both of them.

What to Include

Each lease assignment will be a little different, and it may depend on the unique components that were in the original lease from the start.

Some of the items that you should include in your document include the following:

Type of lease

List out details about the type of lease that this letter should concern. The type of lease is usually either commercial or residential.

Location of property

Write out the physical location or complete address of the property to make sure there is no confusion in understanding the document. Make sure that the address includes the city name, the state, and the zip code along with it.

Parties’ details

There are three parties who will agree to the assignment of lease, including the landlord, the assignor or the original tenant, and the assignee or the proposed new tenant. Include relevant details about each individual, including their names and addresses.

Original lease term

The original tenant will need to include the terms of the original lease. They can pull out the lease and include information like the start and the end dates of that lease. The landlord could look these up, but it is helpful to have them in place to avoid confusion.

Start date of the lease transfer

Everyone should agree on the date that the lease transfer will occur. This will be the date that the current tenant need to be out of the property, and the new tenant will take over. Most leases will stipulate a certain amount of notice for the landlord, with 30-days being the standard. So make sure there is enough time for all parties involved to get ready for the change in the lease.

Assignor’s continuing liability

The lease assignment needs to list out the amount of liability the original tenant will have for the property and the lease when they move out. This will point out whether the assignor is still liable to the landlord after the lease is assigned.

Lead paint disclosure

Lead paint disclosure is only required in certain areas, but if it is, then the disclosure will also need to be included in the lease assignment.

This assignment also needs to have a copy of the master lease, or the original lease that the assignor and landlord worked on together. A copy needs to be given to the new tenant, so they understand the rules and obligations of moving into the rental.

Given below are lease templates:

Who is Liable in an Assigned Lease?

When the original tenant is looking to do an assignment of lease so they can move out, they need to take a look at who is liable. The original master lease will often give some clues about who will be liable here. If this is not listed out in the master lease, then the landlord will get to decide whether it is the original tenant or the new tenant who will be liable for the property.

The lease assignment can help to tell who is liable here. Make sure to list out the specific situations when the assignor or the assignee will be the ones responsible for property damages, fines for non-compliance, or missed rental payments. If the assignor has been legally released from this kind of liability, the landlord will not be able to come back at them later on for repayment or damages to the property.

It is possible that the assigner will be liable, even after they leave the property and do the assignment of the lease. In this situation, the landlord can get payments from the assignor if the assignee does not make payments on time or damages the property. Utilizing the assignment agreement can help make things safe. This can be done through a release from liability.

Many landlords do not want to release the assignor from their liability. This protects the landlord more because they get the chance to go after two people, rather than one, to help with late payments or damages. The tenant will need to understand the laws and regulations in their state and add in clauses to the assigned lease to help figure out whether they can excuse themselves from liability when they move out.

Even with a release from liability or a clause that releases the tenant if there is a change in ownership of the property, there are certain expenses that the original tenant may still be responsible for. Therefore , the assignor needs to be very careful about the assignee they choose for the property to ensure that they won’t have any large, unexpected fees to deal with later.

Important Considerations

There are a few things that the assignor needs to consider before they decide to write out an assignment for the lease.

Some of the things to consider include:

Get legal assistance from a professional

Before you write out an assignment of lease, you should consider talking to a lawyer who specializes in real estate or contracts in general. They will make sure that your letter is written legally and follows the rules of your lease. It is possible that the landlord will not be open to this agreement, but the real estate lawyer can help you see whether there are other options available. With the help of a real estate lawyer, you will be able to work with them to make sure the legal language protects the assignor and that the landlord will accept the agreement.

Give assignee a copy of the original lease

The asignee needs to receive a copy of the original lease to look over before they agree to the lease assignment. This helps them see the terms of the lease, the amount they owe each month, and any other requirements they must follow if they take over the lease. Therefore, attaching the master lease to your new lease assignment is necessary.

Review your local and state laws

Each area is a little different in terms of the rules you need to follow for your assignment of lease. In some areas, you may need to notarize the assignment of the lease or have witnesses when you sign, or it will not be legal. Having these witnesses will make it take a little more time, but will help prevent challenges to the validity of the document later.

The local and regional laws on renting, leasing, and real estate will vary, and the exact ones will tell you what can be included in the assignment and what your own legal obligations are. Even the language that you include or keep out of the lease assignment will vary based on where you live. So always look up the real estate laws in your area or work with a professional to make sure you do this right.

Is a Landlord’s Consent Required for a Lease Assignment?

As you take a look through your master lease, you will usually find a clause that states any lease assignments need to have the landlord’s written consent before they become effective. The landlord may also list other requirements that the tenant needs to follow in order to have a valid transfer of the terms of the original lease. You must follow the instructions in the original lease before proceeding with the assignment of the lease to make sure that the landlord will not fight it later.

You can’t have someone move into the apartment without telling your landlord. This can be a breach of the lease and can land you in some legal trouble. It is important to have the consent of the landlord. The landlord is not able to unreasonably withhold permission for this either. As long as you choose a good tenant to replace you (one who can pass the background and income check of the landlord), most landlords will agree to this, unless the exact terms of the original lease say it is not allowed.

In some jurisdictions, the landlord may consent to the change by not responding. If they do not respond to your assignment of lease by a certain date, the assignor is allowed to consider that consent and can proceed with the transfer, them moving out of the rental and the new tenant moving in. The assignor should check their local laws to see whether this applies to them or not.

If the landlord decides that they will not accept your assignment of lease, then ask for the reasons in writing. The landlord may not withhold consent based on the race or sex of your assignee, but they can refuse if the assignee has an eviction history or does not make enough income to pay the rent on that property.

Final Thoughts

There are different reasons why a tenant will need to leave their rental before the end of the lease, and they want a way to get out of it without breaking the terms of their lease or having larger fees imposed upon them. An assignment of lease is a great way to help with this. When approved, the landlord agrees to let the assignor put an assignee into the property, someone who will take over the lease and finish it out. By understanding a lease assignment, you could help keep the landlord happy while being able to move on to the next chapter of your life.

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Assignment of Leases and Rents (Pro-Lender) (SC)

This assignment of leases and rents template may be used in a South Carolina commercial real estate financing transaction to assign to a lender, as additional security for the loan, the borrower's interests in the leases and rents in the mortgaged property. This template includes practical guidance and drafting notes. An assignment of leases and rents may be contained in the mortgage, but it is often broken out in a separate assignment document, which may allow the lender to take action on the lease more quickly. See S.C. Code Ann. § 29-3-100(A)(2); see also Practical Guide to Commercial Real Estate in South Carolina (SCCLE) 5.C.5. Deeds of trust and mortgages are used to secure debt in South Carolina, but mortgages are the prevailing type. See Customary Encumbrance Forms State Law Survey. This template uses the term mortgage, but you can modify it to suit the specifics of the transaction. This template is drafted from the lender's perspective but includes drafting notes for the borrower. For more information on assignments of leases and rents, see Assignment of Leases and Rents in a Commercial Real Estate Loan Transaction and Assignment of Leases and Rents in a Construction Loan Transaction. See also Powell on Real Property § 37.26[4][b], Purchase and Sale of Real Property § 36.04[1][b][iii][A], and Practical Guide to Commercial Real Estate in South Carolina (SCCLE) 5.C.5. For information on leasing commercial real estate in South Carolina, see Commercial Real Estate Leasing (SC) and Commercial Real Estate Acquisition Loan Resource Kit.

Key terms and definitions

Obtaining landlord permission, tenants and subtenants responsibilities and liabilities, protecting the tenant from sublease pitfalls, putting the agreement in writing, alternatives to subleasing, final takeaways, templates and examples to download in word and pdf formats, tenants and subtenants obligations under a sublease agreement.

From finding a new job in another state to returning home to care for a sick family member to taking the big step of moving in with a new partner, many people find themselves in a situation where they need to cancel their existing lease so they can move somewhere else. Unfortunately, many landlords are reluctant to cancel existing leases, since that puts them in the position of potentially losing money while they look for a new tenant to fill the space. However, there is a solution that is workable for tenants while also being amenable to many landlords: a Sublease Agreement , also known as a sublet. There are many misconceptions about how subleases work and the responsibilities of people involved. This guide will walk through the most important terms to know and the main issues to be aware of when creating a sublease arrangement:

1. Differences between a sublease and an assignment

2. How to get permission from a landlord to sublet

3. Responsibilities and liabilities of the tenant and subtenant

4. Protective measures for the tenant

5. Sublease alternatives

There are many terms used in subleasing that are often used interchangeably and in confusing ways. However, the key distinction is between subleases and assignments . Both of these can be easily created, but have different legal implications and responsibilities for the involved parties that will be explored further in this guide.

What is a "sublease"?

A Sublease Agreement involves a transfer of less than all of the lease . For example, if a person living alone in a leased two bedroom apartment decides to rent out the spare bedroom to a new roommate, that would be a sublease. Or, if a person rents their whole apartment to someone for a couple of months while they travel for the Summer, but then return to the apartment in the Fall, that would also be considered a sublease. The main parties involved in a sublease are:

1. the original tenant , also known as the sublessor , who is the person who first rented the property and plans to rent the space to a new renter, and

2. the subtenant , also known as the sublessee , who is the person who rents their property from the sublessor.

What is an "assignment"?

An Assignment Agreement involves the entire remainder of the lease being transferred to a new tenant. For example, if someone was required to move to a new state for their job and a new tenant takes over the remaining six months on their lease, that would be called an assignment. The main parties involved in an assignment are:

1. the assignor , who is the person who originally rented the property, and

2. the assignee , who is the person renting the property from the assignor and taking over the remainder of their lease.

The first, and most important step, in arranging a sublease or assignment agreement is getting permission from the landlord. The landlord must consent to the arrangement and put this consent in writing using a Consent to Sublease form. If a tenant does not get the consent of the landlord, they leave both themselves and their subtenant or assignee in danger. The landlord would have the option of evicting the tenant, in the case of a sublease, or evicting the assignee, in the case of an assignment, for violation of the original lease agreement. Further, the landlord would feel less obligated to correct defects with the property, such as fixing leaky faucets or broken appliances, given that they do not have a valid agreement with the subtenant or assignee to provide these services.

Unless it says otherwise, when the lease prohibits tenants from subletting or assigning without their landlord's consent, ordinarily the landlord can arbitrarily refuse to permit a sublease or assignment according to their own discretion . However, some states and many leases now provide that the landlord must not unreasonably refuse to give consent to a sublease or assignment. In these instances, if the tenant is able to find a new person who will be at least as good a tenant -- able to pay rent on time, not play the stereo too loud, and follow the other agreements in the lease -- the landlord must accept that person as a subtenant.

If a person's lease prohibits them from assigning the lease without permission from the landlord but does not mention anything about subletting, would that person still be able to sublet the apartment to their friend? Yes, if the lease states only that an assignment is forbidden, the person would still be able to sublet their apartment. Conversely, if the lease prohibits only subletting, the tenant would be able to assign the lease without their landlord's approval. Both actions are prohibited only if the lease says that the tenant cannot sublease the property OR assign the lease without the landlord's consent. Note, however, that some cities, such as New York, have ordinances regulating subleases that take precedence over private agreements.

When subleasing an apartment, the original tenant should try their best to find a person who they think is trustworthy and will continue to pay the rent. The main reason for doing this is that the original tenant remains responsible for making sure the rent gets paid . The subtenant usually does not have to answer to the landlord, only the original tenant; the landlord can generally only sue the original tenant for the rent . If the subtenant does not pay the rent on time, the landlord can start eviction proceedings against the original tenant. If the subtenant owes several months of back rent, the original tenant is responsible for making sure it is paid. In the same way, the original tenant is responsible for making sure the rental is in good shape even if they are not currently living there.

What can a tenant do if they end up paying for the outstanding rent or damage a subtenant did to the property? The tenant can then go to the subtenant to ask that they be reimbursed for this money and take them to small claims court if they refuse to pay.

Unlike in a sublease, in an assignment, if the assignee fails to pay the rent, the landlord can go directly after the assignee for the unpaid rent . The landlord can also sue the assignee for any damage to the apartment that they are responsible for. Be aware, however, that the landlord can still sue the assignor, or original tenant, as well, even if the landlord consented to the assignment. The landlord has their choice of who to go to when they are looking to get paid.

Before subleasing a property or assigning a lease, the original tenant should make sure their subtenant or assignee is a responsible person who will pay the rent on time and will not damage the apartment. In a sublease or assignment, the original tenant essentially steps into the role of landlord to their subtenant or assignee. Therefore, it's important for them to protect themselves the same way a landlord would. When entering into sublease or assignment agreements, the original tenant often puts protective measures in place , including requiring payment of a security deposit, often equal to at least one month's rent, and putting the terms and agreements of the sublease in writing, including details like the length of the sublease or assignment, the amount of rent, when and to whom it must be paid, late charges, payment for damages, and so on.

Since the original tenant is acting as a landlord when subleasing, they are bound by some of the same laws that apply to the landlord . For example, each state has different rules and guidelines about the maximum amount that may be charged for a security deposit. In most cases, the original tenant may not reenter the property without giving appropriate notice to the subtenant. However, particular to assignments, those agreements often include a provision that the original tenant has the right to reenter the property and retake possession of it if the assignee fails to pay the rent. This gives the assignor some additional protection if the assignee defaults on the lease.

Once all parties, including the original tenant, subtenant, and landlord agree to the sublease or assignment, it should be put in writing. A written agreement works to protect all of the parties and their rights and obligations under the lease agreement . An oral agreement is enforceable in some states, but in all cases is subject to potential misunderstandings and challenges in court. A written Lease Assignment Agreement is usually relatively brief since it incorporates all of the provisions included in the original Residential Lease Agreement or Commercial Lease Agreement . A Sublease Agreement is more extensive and includes specifics related to when and to whom rent payments will be made, whether the subtenant will pay a security deposit to the original tenant and if so the method and amount of that payment, who will receive notices related to the rental. Once a Sublease Agreement or Lease Assignment Agreement has been put into writing, it should be signed by all involved parties. The Agreement must always be signed by the tenant and subtenant or assignee. However, the document may also be signed by the landlord to serve as a written record that the landlord grants their permission and is aware of the arrangement.

What if a tenant must move out of their rental property for some reason, say, six months before the lease expires, but they don't want to worry about the potential hassle and risk of finding a subtenant or assignee? The lease may give the tenant the right to cancel their lease by giving a certain amount of notice, usually two to three months. In a month-to-month lease, the tenant usually must give only thirty days notice. If the lease does not allow for this, the tenant has the option of finding a new tenant, subject to their landlord's approval, and the tenant's own trouble and expense. When the tenant finds a suitable person, they can ask their landlord to sign a document releasing them from their original lease . The landlord will then have the new tenant pay a deposit and sign a new lease. If the landlord agrees to do this, the original tenant will no longer be liable for the rent or acts of the new tenant. This solution is often acceptable to reasonable landlords.

Subleasing can be a great option for someone looking to move somewhere else, either temporarily or permanently, while they are in the middle of their current lease term. Here are the most important things to remember when setting up a sublease or assignment agreement:

• A sublease is a transfer of less than all of the lease; an assignment is a transfer of the entire remainder of the lease.
• The landlord must grant their permission for the sublease or assignment in writing if the tenant wants to protect themselves from future liability.
• In a sublease, the landlord can only go after the original tenant for rent or damages owed by the subtenant; in an assignment, the landlord can go after either the original tenant or the assignee.
• The original tenant can use measures such as collecting a security deposit to protect themselves in case the subtenant or asignee fails to pay the rent or causes damages.
• The best way to protect all involved parties is to put the agreement in writing.

About the Author: Malissa Durham is a Legal Templates Programmer and Attorney at Wonder .Legal and is based in the U.S.A.

• Sublease Agreement
• Lease Assignment Agreement
• Consent to Sublease

Residential

• Long term rentals
• Vacation rentals

Property Type

• Apartment & Condo
• House & Single-family home
• Multi-family home
• Parking space
• Misc & Unspecified
• Office & Commercial space
• Warehouse & Industrial space
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Property Subtype

• Office space
• Commercial space
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• Miscellaneous

Property Size

Buildable , monthly rent, advanced search criteria.

• Guest house & Bed and Breakfast
• Private mansion
• Detached house

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Accommodation in Moscow

This guide was written prior to Russia's 2022 invasion of Ukraine and is therefore not reflective of the current situation. Travel to Russia is currently not advisable due to the area's volatile political situation.

Accommodation in Moscow  can be exceedingly expensive, but expats will find that it is not too difficult to secure a place in the city. Expats are often able to negotiate with Russian landlords about various things, although lowering rental costs is unlikely.

Types of housing in Moscow

Expats expecting only Stalinist relics or cookie-cutter communist apartments will be pleasantly surprised by the variety on offer in Moscow. Almost every type of accommodation is present, from high-priced villas and houses clustered in suburban gated compounds to modern, fully equipped, expansive apartments in the city centre.

There are more options available in older buildings than in Western-style highly secured complexes. Though they may be old, they often house stylishly renovated apartments that can be rented for more of a bargain.

Furnished, unfurnished and semi-furnished accommodation is available in Moscow. Expats will find that for the right price, landlords are willing to add or remove furniture as tenants wish, and prospective tenants shouldn't be afraid to negotiate. 

Finding accommodation in Moscow

One of the most important points to keep in mind when searching for accommodation in Moscow is that most areas of the city have severe traffic issues. Expats should choose housing that is conveniently located near a metro line for ease of travel to and from work or school . That said, living near a metro station often means living in a more polluted and congested area.

Most expats in Moscow live in the city centre, within the circular metro line. Expats should keep in mind that the closer one gets to the Moscow city centre, the more expensive rentals generally become. 

For those who prefer an area with more fresh air, new apartment buildings, gated communities and villas are springing up in the suburbs beyond Moscow’s outer beltway. The extra space and accessible greenery come at an additional cost, and the commute into the city centre can be as much as 90 minutes each way.

Those who don't speak Russian usually hire a real-estate agent to help them find accommodation. These service providers typically charge the equivalent of one month’s rent, although this varies. They assist in finding accommodation options and negotiate a secure lease. They can also deal with landlords when there is a conflict. 

Renting accommodation in Moscow

Securing accommodation in Moscow is often not done to the book, and many landlords demand monthly rental payments in cash to avoid paying taxes. Those lucky enough to secure an accommodation allowance through their company may not be able to do so – in this case, they may find that landlords charge more.

It would be wise for expats to seek help from an estate agent to arrange a lease in Moscow. Leases are often written in both Russian and English and range from one to three years. Rent is normally paid on a monthly basis. Dependent upon agreement between the landlord and tenant, rent can be paid in roubles, US dollars or euros.

A standard security deposit equivalent to one month’s rent is generally requested. If possible, expats should negotiate for it to be used to pay the final month of rent. Landlords will tend to find any excuse not to return this payment, even if all inventories are returned as they were received, and even if the apartment is left in a better condition than it was found.

Utilities 

For the most part, water and gas should be included in the rental cost. Electricity, internet, television and telecommunications are for the tenant's account. Be sure to address this topic during lease negotiations. Utilities tend to be cheap and are state-run. 

If expats live in a normal Russian apartment and not in one of the luxurious Western-style apartments they will have limited control over their heating. Heating will come on and be switched off centrally for the entire apartment block.

During summer, hot water is cut off for a week or more to allow general maintenance of the pipes. This happens in every area of Moscow, and one should look for notices in the building or surrounding area informing when to expect the water cut. Some apartment buildings may have their own water heating systems to compensate for this, but many will not.

Buying property in Moscow

Russia allows foreign people and companies to purchase property. Although expats tend to rent rather than buy property in Russia, if they do buy, they tend to buy apartments that are under construction as it can be difficult to find ready-built apartments. Finding a reputable and respectable real-estate agent is essential when buying a property in Moscow. This is to ensure expats carry out their due diligence, and have and receive the correct documents. Expats must be sure to weigh up the pros and cons and understand financial and tax implications of purchasing property in Moscow.

Further reading

►See Areas and Suburbs in Moscow  for an overview of the different expat-friendly neighbourhoods in the city

Expat Interviews "If you want to be inside the hustle and the bustle of the city, experiencing the best it can offer, then I recommend staying somewhere around the metro ring, inside or just outside." Read about Yulia, a global nomad from Russia, and her advice on choosing accommodation in Moscow to suit different needs in her interview . "The best place to live is in the centre, as there you can easily enjoy the culture and social life, as well as be in touch with other expats."  Read what Rob, an American expat, has to say about living in Russia in his expat interview .

Are you an expat living in Moscow?

Expat Arrivals is looking for locals to contribute to this guide, and answer forum questions from others planning their move to Moscow. Please contact us if you'd like to contribute.

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2533 White Ave,   Moscow, ID 83843

This property accepts Zillow applications. Click 'Apply now' to fill out the online form once and apply to as many participating properties as you want. Just $35 for 30 days.

What's special

Beautiful, energy-efficient home for rent on the east end of town. 2159 sq feet. Three bedrooms, 2.5 bathrooms. High-end stainless appliances and finishes throughout the house. Granite counters in spacious kitchen with island, gas fireplace, central heating and air. Wired speakers throughout. Laundry room with washer, dryer, sink, and cabinetry. Attached two-car garage with carriage doors and lots of shelving. Hardwood floors in main living area, tile in bathrooms and laundry, and carpeted bedrooms. All but one bedroom and one bath are on the main floor. Many built-ins and storage closets. Please message me for the link to my Tenant Pre-Approval Form before requesting a showing or filling out an Application with Zillow. Animal(s) conditional upon owner approval and subject to additional $100/month animal rent and $500 animal deposit. Please note: there is no fenced area for an animal. No smoking. Available October 1, 2024, possibly end of September. Tenant pays utilities plus water/sewer/garbage/internet. Furnishings are not included. Security deposit of $3600 due upon signing lease. Must have an approved application and credit/background check. Requires a minimum 700 credit score. Please message me for the link to my Tenant Pre-Approval Form before requesting a showing or filling out an Application with Zillow. Show more

Travel times

Facts & features, bedrooms & bathrooms.

• Bedrooms : 3
• Bathrooms : 3
• Full bathrooms : 2
• 1/2 bathrooms : 1
• Central Air
• Included : Dryer, Washer
• Laundry : In Unit
• Flooring : Hardwood

Interior area

• Total interior livable area : 2,159 sqft
• Parking features : Attached
• Has attached garage : Yes
• Details : Contact manager
• Exterior features : Garbage not included in rent, Internet not included in rent, Sewage not included in rent, Water not included in rent
• Parcel number : RPM01170000010

Construction

Type & style.

• Home type : SingleFamily
• Property subtype : Single Family Residence

Community & HOA

• Region : Moscow

Financial & listing details

• Lease term : 1 Year

Nearby apartments for rent

$925 2   bd | 1  ba | 710  sqft The Meadows On Lauder For Rent No image available for this property

Price history

Neighborhood: 83843

Similar homes for rent.

$2,800 3  bd | 3  ba | 1.6k   sqft 1390 Indian Hills Dr, Moscow, ID 83843 For Rent No image available for this property

• Latah County
• 2533 White Ave

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