Assigning your lease means that you are giving up the apartment and another tenant is taking over. You are ‘assigning’ the lease to a new tenant so the new tenant essentially switches places with you. They pay the rent, are responsible for any damages and have the relationship with the landlord. You give up your claim to have any right to live in the unit and are gone for good.

When should I assign my lease?

Assigning the lease doesn’t happen very often but is a good way to get out of your lease if you are within the initial lease term. For example if you signed a 1 year lease but in month 6 you need to move out, you can assign your lease to another tenant and they take over from there. That way you avoid breaking the lease and incurring any possible penalties.

How is this different than subletting?

In a sublet, you are still legally the tenant. The rent is your responsibility and if it doesn’t get paid you are on the hook. As well, any damages caused by anyone living in the unit are your responsibility. In a sublet you become a kind of mini-landlord, collecting the rent from your subletter in exchange for allowing them to stay there. But you and the real landlord still maintain the relationship and you maintain your right to live in the unit. When you assign the lease, you give up all rights to the home. You sever your relationship with the landlord, do not have to pay further rent and are not responsible for any damages the next tenant may cause.

What happens if my landlord does not approve of me assigning my lease?

Your landlord does have to agree to you assigning your lease but they must be ‘reasonable’. They can’t just refuse for no real reason. They have a right to screen and vet any tenant you wish to assign your lease to, and they have a right to charge you for any reasonable costs associated with that process (such as purchasing a credit check). However, if the tenant is a reasonable candidate they should agree to the assignment. If the landlord does not agree to a reasonable candidate, you can give 30 days’ notice and terminate your lease and the landlord can then find a suitable replacement of their own choosing.