Assignment vs. Sublease

An assignment transfers the tenant's entire remaining lease interest; privity of estate exists between assignee and landlord, making the assignee directly liable for rent. A sublease transfers less than the entire remaining term; no privity exists between sublessee and landlord.

Related Landlord-Tenant rules

• Types of Leasehold EstatesThe four leasehold estates are: (1) tenancy for years (fixed duration, ends automatically); (2) periodic tenancy…
• Implied Warranty of HabitabilityIn residential leases, a landlord impliedly warrants that the premises are fit for human habitation at the outset and…
• Constructive EvictionConstructive eviction occurs when the landlord's wrongful act or failure to act substantially interferes with the…
• Tenant's Duty to RepairA tenant must not commit waste and must maintain the premises in reasonably good repair. A landlord may recover…
• Landlord's Duty to MitigateUnder the majority modern rule, a landlord whose tenant abandons must make reasonable efforts to re-let the property.…

Part of Real Property on Core Legal Rules — foundational MBE-tested principles with primary-source citations.