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Home Q&A Forum Can I transfer my building lease to another entity?

Asset Protection

Building Lease

California

Asked on Nov 22, 2023

Can I transfer my building lease to another entity?

I am the owner of a small business that currently leases a building for our operations. Recently, our business has grown and we need to move to a larger space. We are interested in transferring our current lease to another entity so that we can move to a larger building without breaking the existing lease. We are looking for advice on the legalities and procedures involved in transferring our lease.

1 Attorney answer

Answer

Asset Protection

California

Answered 79 days ago

David B.

ContractsCounsel verified

Business Lawyer
Licensed in California
Free Consultation

I'd be happy to help with this. Normally, leases are freely transferable (by the landlord and the tenant) if the lease does not mention assignability and/or subleasing. However, the landlord and tenant are free to agree to limits to assignability/subleasing in the lease and such limits are enforceable against both parties. Landlords typically want to know a lot about any potential tenant, so the right to assign or sublease is substantially curtailed in most leases. Often, the landlord will reserve the absolute right to approve a new tenant (meaning such approval can be withheld for any or no reason). Tenants are often bargaining from a seriously disadvantaged position. Not only does the lease limit the ability to assign but the tenant is typically in tight economic circumstances. On the other hand, the landlord typically wants the premises filled with a rent-paying tenant. I've negotiated subleases from both perspectives and am confident I can guide you to a mutuallt beneficial resolution to this matter.

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