Assignment of Lease in Florida
An assignment of lease transfers a tenant's entire remaining leasehold interest to a third party, making the assignee the new tenant with direct obligations to the landlord. In Florida, lease assignments create privity of estate between the assignee and landlord.
Assignment vs. Sublease
The critical distinction in Florida is whether the tenant transfers their entire remaining interest (assignment) or retains a reversionary interest (sublease). In an assignment, the assignee becomes directly liable to the landlord. In a sublease, the subtenant's obligation runs to the original tenant, not the landlord. This distinction affects the landlord's enforcement rights and the tenant's continuing liability.
Consent and Process
Florida commercial leases typically require written landlord consent for assignments. The tenant submits an assignment request with the proposed assignee's financial information. The landlord evaluates the assignee's creditworthiness, business type, and compatibility with the property. If consent is unreasonably withheld (where the lease so provides), the tenant may seek judicial relief to compel consent.
Related Terms
- Sublease
- Commercial Lease
- Assignee Liability
Barnes Walker Real Estate
Barnes Walker handles lease assignments for landlords and tenants throughout Southwest Florida. Contact us for leasing guidance.
Florida Law Reference
Fla. Stat. Ch. 83, Part II
The Florida Residential Landlord and Tenant Act governs lease agreements, security deposits, maintenance obligations, and the eviction process.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC