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Commercial Lease Assignment and Subletting

·

By

ACL

The short answer

Assigning a commercial lease transfers the tenant’s interest to a new tenant. Subletting keeps the original tenant in place. Either way, the original tenant usually remains liable to the landlord unless the landlord signs a release.

Where it fits in your case

It usually comes up when a business sells, relocates, or downsizes, and again if the new tenant defaults.

What to expect

  • Landlord consent is commonly required. Leases may say consent cannot be unreasonably withheld, or may give the landlord broad discretion.

  • Continuing liability. Without a written release or novation, the original tenant can be pursued for the new tenant’s unpaid rent.

  • Personal guarantees may also survive the assignment.

  • Business sales often include an assignment of the lease that should be worked out with the landlord before closing.

What we need from you

The lease and amendments, any guaranty, the assignment or sublease documents, and the landlord’s consent.

Common misconceptions

  • “We assigned the lease, so we’re off the hook.” Not without a release.

  • “The landlord can’t refuse.” That depends on the consent clause.

This resource provides general information about Illinois and federal law, not legal advice about your situation. Reading it does not create an attorney-client relationship. The right answer often depends on the specific facts, contract language, policy wording, and deadlines involved.

ALLISONCHOLAW / BUSINESS LITIGATION & COUNSEL

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