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Does the ladlord have to approve an assignment agreeent?? If I m responsible for the rest of the term?

Asked over 2 years ago - San Diego, CA

I am purchasing a property and I need to get out of my house before the lease is over, the landlord does not want to accept a novation but he agreed to sign an assignment as long as I am responsible for the new tenant until the original lease term is over (even though that the original lease prohibits an assignment he has agreed to do so), I found a great prospect to take over my lease so I do not have a problem with that,, my question is if I am responsible for the new tenant, does he has to approve him or just me?? I have the feeling that he will make any kind of excuses to not approve anyone that I bring because he knows that I have to leave so he will be charging me for the whole term.

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Steven Alan Fink

Reputation Level 20

Answered over 2 years ago. Real Estate Attorney in Newport Beach, CA.

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The landlord has a right to approve or not approve who lives in his property. If you have found a responsible person to live there and you remain liable for rent if they default, it sounds like the landlord will approve the assignment. If you move out early, landlord has to make a good faith effort to mitigate damages by finding a new tenant. You have done that for him.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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