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Assignment Agreement Template

Use our assignment agreement to transfer contractual obligations.

Updated February 1, 2024 Written by Josh Sainsbury | Reviewed by Brooke Davis

An assignment agreement is a legal document that transfers rights, responsibilities, and benefits from one party (the “assignor”) to another (the “assignee”). You can use it to reassign debt, real estate, intellectual property, leases, insurance policies, and government contracts.

What Is an Assignment Agreement?

What to include in an assignment agreement, how to assign a contract, how to write an assignment agreement, assignment agreement sample.

Partnership Interest

An assignment agreement effectively transfers the rights and obligations of a person or entity under an initial contract to another. The original party is the assignor, and the assignee takes on the contract’s duties and benefits.

It’s often a requirement to let the other party in the original deal know the contract is being transferred. It’s essential to create this form thoughtfully, as a poorly written assignment agreement may leave the assignor obligated to certain aspects of the deal.

The most common use of an assignment agreement occurs when the assignor no longer can or wants to continue with a contract. Instead of leaving the initial party or breaking the agreement, the assignor can transfer the contract to another individual or entity.

For example, imagine a small residential trash collection service plans to close its operations. Before it closes, the business brokers a deal to send its accounts to a curbside pickup company providing similar services. After notifying account holders, the latter company continues the service while receiving payment.

Create a thorough assignment agreement by including the following information:

• Effective Date:  The document must indicate when the transfer of rights and obligations occurs.
• Parties:  Include the full name and address of the assignor, assignee, and obligor (if required).
• Assignment:  Provide details that identify the original contract being assigned.
• Third-Party Approval: If the initial contract requires the approval of the obligor, note the date the approval was received.
• Signatures:  Both parties must sign and date the printed assignment contract template once completed. If a notary is required, wait until you are in the presence of the official and present identification before signing. Failure to do so may result in having to redo the assignment contract.

Review the Contract Terms

Carefully review the terms of the existing contract. Some contracts may have specific provisions regarding assignment. Check for any restrictions or requirements related to assigning the contract.

Check for Anti-Assignment Clauses

Some contracts include anti-assignment clauses that prohibit or restrict the ability to assign the contract without the consent of the other party. If there’s such a clause, you may need the consent of the original parties to proceed.

Determine Assignability

Ensure that the contract is assignable. Some contracts, especially those involving personal services or unique skills, may not be assignable without the other party’s agreement.

Get Consent from the Other Party (if Required)

If the contract includes an anti-assignment clause or requires consent for assignment, seek written consent from the other party. This can often be done through a formal amendment to the contract.

Prepare an Assignment Agreement

Draft an assignment agreement that clearly outlines the transfer of rights and obligations from the assignor (the party assigning the contract) to the assignee (the party receiving the assignment). Include details such as the names of the parties, the effective date of the assignment, and the specific rights and obligations being transferred.

Include Original Contract Information

Attach a copy of the original contract or reference its key terms in the assignment agreement. This helps in clearly identifying the contract being assigned.

Execution of the Assignment Agreement

Both the assignor and assignee should sign the assignment agreement. Signatures should be notarized if required by the contract or local laws.

Notice to the Other Party

Provide notice of the assignment to the non-assigning party. This can be done formally through a letter or as specified in the contract.

File the Assignment

File the assignment agreement with the appropriate parties or entities as required. This may include filing with the original contracting party or relevant government authorities.

Communicate with Third Parties

Inform any relevant third parties, such as suppliers, customers, or service providers, about the assignment to ensure a smooth transition.

Keep Copies for Records

Keep copies of the assignment agreement, original contract, and any related communications for your records.

Here’s a list of steps on how to write an assignment agreement:

Step 1 – List the Assignor’s and Assignee’s Details

List all of the pertinent information regarding the parties involved in the transfer. This information includes their full names, addresses, phone numbers, and other relevant contact information.

This step clarifies who’s transferring the initial contract and who will take on its responsibilities.

Step 2 – Provide Original Contract Information

Describing and identifying the contract that is effectively being reassigned is essential. This step avoids any confusion after the transfer has been completed.

Step 3 – State the Consideration

Provide accurate information regarding the amount the assignee pays to assume the contract. This figure should include taxes and any relevant peripheral expenses. If the assignee will pay the consideration over a period, indicate the method and installments.

Step 4 – Provide Any Terms and Conditions

The terms and conditions of any agreement are crucial to a smooth transaction. You must cover issues such as dispute resolution, governing law, obligor approval, and any relevant clauses.

Step 5 – Obtain Signatures

Both parties must sign the agreement to ensure it is legally binding and that they have read and understood the contract. If a notary is required, wait to sign off in their presence.

Related Documents

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The document above is a sample. Please note that the language you see here may change depending on your answers to the document questionnaire.

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Free Assignment Agreement Template for Microsoft Word

Download this free Assignment Agreement template as a Word document to officially facilitate the assignment of goods, IP, etc to another person.

Assignment Agreement

[Insert name] of [Insert address] (the “Assignor “)

assigns to [Insert name] of [Insert address] (the “Assignee “) the following: [Insert details of what is being assigned]

In consideration thereof, the Assignor acknowledges receipt of $__________ paid by cash by the Assignee.

It is agreed that this Assignment will enure to the benefit of and be binding upon the parties to this Assignment, their heirs, executors, administrators, successors and assigns, respectively.

This Agreement will be construed in accordance with and governed by the laws of [Insert country]

SIGNED BY THE ASSIGNOR ________________________________ Assignor: _________________________

in the presence of (Name of witness) _______________________

(Signature of witness) ___________________________________

SIGNED BY THE ASSIGNEE ________________________________ Assignee: _________________________

in the presence of (Name of witness) ___________________

(Signature of witness) _______________________________

Related Documents

Advertising agreement, arbitration agreement, barter agreement, business sale agreement.

Contract Assignment Agreement

Select the name of the state whose law will govern the interpretation of this contract and will be the location of any future disputes related to this contract. This is usually the state where at least one of the Parties resides or does business related to the contract. If this Agreement involves the transfer of land, this would be the state where the land is located.

CONTRACT ASSIGNMENT AGREEMENT

State of Alabama

This Assigment Agreement (the "Agreement) is entered into by and between ________ (the "Assignor"), having their principal address located at ________ , and ________ (the "Assignee"), having their principal address located at ________ , both of whom agree to be bound by this Agreement, in consideration of the mutual covenants herein contained and other good and valuable consideration, the sufficiency of which is hereby acknowledged, witnesseth:

WHEREAS , Assignor entered into a Contract, included as an attachment to this Agreement, with ________ (the "Obligor"), referred to hereinafter as "Contract with ________ ";

WHEREAS , the Contract with ________ has an original expiration date of ________ as may be extended as permitted therein;

WHEREAS , Assignor wishes to assign all of their rights and obligations under the Contract with ________ to Assignee; and

WHEREAS , the necessary verbal consent was obtained from the Obligor on ________ ;

NOW THEREFORE , Assignor and Assignee agree to the following:

I. Assignor and Assignee hereby agree that the Assignor shall assign all their rights, titles, and interests, and delegate all of their obligations, responsibilities, and duties, in ad to the Contract with ________ , to Assignee.

II. Assignee hereby accepts the assignment of all of Assignors obligations, responsibilities, and duties under the Contract and all of Assignors rights, titles, and interests in and to the Contract with ________ .

III. Notwithstanding the foregoing, Assignor agrees to defend and indemnify the Obligor from any and all claims,actions, judgments, liabilities, proceedings, and costs, including reasonable attorney's fees and other costs of defense and damages, resulting from Assignors performance prior to the assignment of the contract and resulting from Assignees performance after the assignment of the Contract with ________ , provided, however, that after the assignment of the Contract with ________ , the State shall first look to Assignee to satisfy all claims, actions, judgments, liabilities, proceedings, and costs, including reasonable attorneys fees and ot her costs of defense and damages resulting from Assignee's performance.

IV. Assignee agrees to indemnify the Obligor from any and all claims, actions, judgments, liabilities, proceedings, and costs, including reasonable attorney's fees, and other costs of defense and damages, resulting from Assignee's performance after the assignment of the Contract with ________ .

V. No modification of this Agreement shall be valid unless in writing and agreed upon by all relevant Parties.

VI. 52 252 28222 522 252888822 22 2588 825222222 88 5285 22 8285885, 8882258, 25 5222225825882 225 522 525822, 2522 252 2552828 52522 2552 8585 252888822 85588 82 522225 22 82 825582 525 252 522582525 22 252 825222222 85588 82 22225825 58 82 252 825582 252888822 8252 22825 82885525 82 252 825222222.

VII. This Agreement is governed by the laws of the State of Alabama and both Parties expressly consent to jurisdiction in such courts.

IN WITNESS WHEREOF, the Parties execute the Agreement as follows:

______________________________________________ ________

______________________________________________ Date

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Understanding an assignment and assumption agreement

Need to assign your rights and duties under a contract? Learn more about the basics of an assignment and assumption agreement.

Get your assignment of agreement

by   Belle Wong, J.D.

Belle Wong, is a freelance writer specializing in small business, personal finance, banking, and tech/SAAS. She ...

Read more...

Updated on: November 24, 2023 · 3 min read

The assignment and assumption agreement

The basics of assignment and assumption, filling in the assignment and assumption agreement.

While every business should try its best to meet its contractual obligations, changes in circumstance can happen that could necessitate transferring your rights and duties under a contract to another party who would be better able to meet those obligations.

If you find yourself in such a situation, and your contract provides for the possibility of assignment, an assignment and assumption agreement can be a good option for preserving your relationship with the party you initially contracted with, while at the same time enabling you to pass on your contractual rights and duties to a third party.

An assignment and assumption agreement is used after a contract is signed, in order to transfer one of the contracting party's rights and obligations to a third party who was not originally a party to the contract. The party making the assignment is called the assignor, while the third party accepting the assignment is known as the assignee.

In order for an assignment and assumption agreement to be valid, the following criteria need to be met:

• The initial contract must provide for the possibility of assignment by one of the initial contracting parties.
• The assignor must agree to assign their rights and duties under the contract to the assignee.
• The assignee must agree to accept, or "assume," those contractual rights and duties.
• The other party to the initial contract must consent to the transfer of rights and obligations to the assignee.

A standard assignment and assumption contract is often a good starting point if you need to enter into an assignment and assumption agreement. However, for more complex situations, such as an assignment and amendment agreement in which several of the initial contract terms will be modified, or where only some, but not all, rights and duties will be assigned, it's a good idea to retain the services of an attorney who can help you draft an agreement that will meet all your needs.

When you're ready to enter into an assignment and assumption agreement, it's a good idea to have a firm grasp of the basics of assignment:

• First, carefully read and understand the assignment and assumption provision in the initial contract. Contracts vary widely in their language on this topic, and each contract will have specific criteria that must be met in order for a valid assignment of rights to take place.
• All parties to the agreement should carefully review the document to make sure they each know what they're agreeing to, and to help ensure that all important terms and conditions have been addressed in the agreement.
• Until the agreement is signed by all the parties involved, the assignor will still be obligated for all responsibilities stated in the initial contract. If you are the assignor, you need to ensure that you continue with business as usual until the assignment and assumption agreement has been properly executed.

Unless you're dealing with a complex assignment situation, working with a template often is a good way to begin drafting an assignment and assumption agreement that will meet your needs. Generally speaking, your agreement should include the following information:

• Identification of the existing agreement, including details such as the date it was signed and the parties involved, and the parties' rights to assign under this initial agreement
• The effective date of the assignment and assumption agreement
• Identification of the party making the assignment (the assignor), and a statement of their desire to assign their rights under the initial contract
• Identification of the third party accepting the assignment (the assignee), and a statement of their acceptance of the assignment
• Identification of the other initial party to the contract, and a statement of their consent to the assignment and assumption agreement
• A section stating that the initial contract is continued; meaning, that, other than the change to the parties involved, all terms and conditions in the original contract stay the same

In addition to these sections that are specific to an assignment and assumption agreement, your contract should also include standard contract language, such as clauses about indemnification, future amendments, and governing law.

Sometimes circumstances change, and as a business owner you may find yourself needing to assign your rights and duties under a contract to another party. A properly drafted assignment and assumption agreement can help you make the transfer smoothly while, at the same time, preserving the cordiality of your initial business relationship under the original contract.

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What Is an Assignment Agreement?

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How much is an assignment fee, assignment agreement template.

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An Assignment Agreement is a legal document that outlines the assignment of rights and responsibilities under an original contract from one party (the assignor) to another (the assignee). It can be drafted whenever the assignor wants the assignee to assume all the contractual obligations and rights.

Alternate Name:

• "Contract Assignment."

This type of agreement is popular in construction and real estate. A "Contract Assignment" means that the assignee complies with all the duties established in the original contract and receives benefits that should have gone to the assignor for an assignment fee.

If you need an Assignment Agreement , you can download a template below or create a more personalized document using our online form builder.

Follow these steps to properly assign a contract:

• Find a party that is willing to become an assignee - it can be an individual or, more likely, an entity to which you will delegate your rights and obligations under the original contract. For example, an IP Assignment Agreement allows the transfer of ownership of any intellectual property from the employee (the creator or inventor) to the employer when this intellectual property was created in the scope of the employment. This document should indicate the consideration paid by the assignee.
• Before you start preparing an Assignment Agreement, read the original contract thoroughly and make sure it does not specifically prohibit the use of the assignment - some agreements include a non-assignment clause that will automatically make your supplemental contract invalid. It is also recommended to contact the other party to the original agreement and obtain their explicit permission to assign rights and responsibilities in order to avoid potential misunderstandings in the future.
• Identify the person or company that hands over contractual obligations and their recipient. You must also name the party to the original contract - the obligor. When you compose a Lease Assignment Agreement to transfer the interest in the lease from one tenant to another, you need to name the original tenant, new tenant, and the landlord.
• Describe the original contract and add its expiration date . You may list the obligations the assignee has to fulfill if the assignor, for instance, has already performed most of the responsibilities.
• State when the Assignment Agreement goes into effect.
• Specify the assignment fee.
• Sign and date the document. It can be signed by the obligor to confirm they are not against the assignment if the original contract is vague about this particular condition. You can also obtain a notarization for this agreement to add an extra layer of protection to it.

The assignment fee - a sum of money that compensates the assignor for the rights given up in the contract - is required when you assign property, cash, and other assets to the assignee. The fee amount depends on the type and value of the subject matter of the contract. An assignment fee can be calculated as a percentage of the value (typically, it is between 1% and 5%) or you can agree on a set amount when signing the contract. As long as you meet other legal requirements for the assignment, you are free to negotiate any fee - and do not forget to put it in writing as a separate clause.

Not the form you were looking for? Check out these related documents:

• Trademark Assignment Agreement ;
• Contract Termination Letters ;
• Business Purchase Agreement .

Download Assignment Agreement Template

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Contract Assignment Agreement

Used 5,046 times

Download the Contract Assignment Agreement to transfer your duties, obligations, and rights. An agreement between two parties outlines the conditions of a contract assignment.

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Prepared by:

​ [Assignor.FirstName] [Assignor.LastName] ​

​ [Assignor.Phone] [Assignor.Email] ​

​ [Assignor.StreetAddress] [Assignor.City] ​ [Assignor.State] [Assignor.PostalCode] ​

Contract Assignment Agreement Template

Prepared for:

​ [Assignee.FirstName] [Assignee.LastName] ​

​ [Assignee.Company] ​

​ [Assignee.Phone] ​

​ [Assignee.Email] ​

​ [Assignee.StreetAddress] [Assignee.City] [Assignee.State] [Assignee.PostalCode] ​

This Contract Assignment Agreement (hereinafter referred to as the "Agreement") made and entered on [Document.CreatedDate] , by and between:

Name: [Assignor.FirstName] [Assignor.LastName] [Assignor.Company] (hereinafter referred to as "Assignor"), and

Name: [Assignee.FirstName] [Assignee.LastName] [Assignee.Company] (hereinafter referred to as "Assignee"), and

Assignor and Assignee are hereinafter referred to as “Parties” collectively in this Agreement.

A. Assignor assigns and transfers the Assignee all of its rights, title, and interest in and to the contract, named (insert name of the original contract) (hereinafter referred to as the "Contract"), dated (insert date of the original contract), and expires on (insert the date when the original contract expires).

In consideration for the assignment, the Assignee will pay the Assignor the sum of (insert amount).

B. Assignor desires to assign the Contract to Assignee and Assignee desires to accept the assignment of the Contract.

C. The terms of this Assignment Agreement shall supersede the terms of the original Contract to the extent that there is any conflict between the terms of the original Contract and the terms of this Assignment Agreement.

This Agreement is subject to the following conditions:

Both Parties have all necessary rights and authority to enter into this Agreement and to assign the Contract to Assignee;

This Agreement does not and will not be construed to violate any agreement to which either the Assignor or the Assignee is a party or by which they are bound; and

Parties have had the opportunity to seek independent legal counsel prior to signing this Agreement and have either done so or have voluntarily waived their right to do so.

Indemnification

The Assignee agrees to indemnify and hold the Assignor harmless from and against any and all costs, losses, damages, claims, liabilities, and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with any claims or suits based on allegations that arise.

Counterparts

This Agreement may be executed in counterparts (and by different Parties hereto on different counterparts), each of which shall be deemed an original, but all of which together shall constitute the same instrument.

Non-Transferability

Except as expressly provided in this Agreement, the rights and obligations of the Parties under this Agreement are not assignable or transferable, neither whole nor in part.

Termination

Subsequently, this Agreement may not be terminated except by mutual agreement of the Assignor and the Assignee. In the event of termination, any sums paid by Assignee to Assignor under this Agreement shall be reimbursed to Assignee within (insert number of days) of the termination of this Agreement.

Confidentiality

Assignee shall maintain all information regarding the Contract in the strictest confidence and shall not reveal such information to any person or entity without the express written consent of Assignor.

Governing Laws

This Agreement shall be governed by and construed under the laws of the State of [Assignor.State] ​.

Agreed and Accepted

IN WITNESS WHEREOF, the parties hereto have executed and delivered this Agreement as of the date written below.

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Assignment Agreement Template

An assignment agreement is a document used to outline the terms of an assignment of contract. The template includes a section for the parties to list their names and contact information, as well as space for a description of the contract being assigned and the terms of the assignment. An assignment agreement template can be used for a variety of assignments, including the transfer of ownership of a property, the assignment of a lease, or the assignment of a debt. The template can be customized to fit the specific needs of the parties involved.

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FREE 51+ Assignment Forms in PDF | MS Word | XLS

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An assignment form is a legal document that aids in formally transferring ownership rights and benefits of a specified property from one party to another. But there are limits to what a person can assign or transfer to another. A person may not transfer a burden, duty, or detriment without a consenting agreement from the other party as it is not allowed by the law.

Moreover, the right or benefit can be a form of a gift, or it can be a paid contractual consideration such as money. And the right or benefit may also be vested or contingent, depending on the person/s who wanted the transferral. The persons involved need to discuss the process thoroughly to avoid any confusion. But you may ask, who are the persons involved then?

As they said, two heads are always better than one. The statement can highly apply to property assigning since it does not happen with only one person on board. Just like an agreement, an assignment of property needs two or three people to discuss and converse what will happen to the property and what are the conditions for it. But before anything else, who are these people involved with the property assigning?

There are three people involved during the assignment—the assignor, the assignee, and the third party. The assignor is the person in the original contract who is transferring their rights and benefits to a new owner. An assignee is a person receiving the rights and benefits from the previous owner or the assignor. And lastly, the third party is the individual or corporation that entered into the original contract with the assignor. Still, the third party may not always be applicable or present in an assignment.

During the assignment, the assignor should not solely decide about the rights involved because the assignee or the third party may not agree to it. Although the assignor has more decision-making rights for the assignment, he or she should still consult with the other parties involved. It might be a great idea to ask for their insight and permission to avoid violating any property policies.

When assigning rights, the assignor needs to have an assignment form on hand. The document serves to legalize the transfer of ownership in the eyes of the public and the local government. But what does the paper need to have inside? Here are the following elements and information that must be present in the document for it to become valid proof of the transfer process.

We often hear the casual interchanging of the terms assignment and inheritance , as if these are identical. The two words somewhat have similar definitions, but upon closer inspection, you see the elements that separate them apart. For one, in an assignment, the assignor delegates who he deems as worthy to receive his properties. The assignor can freely select anyone, even those outside of his kin. In contrast, an inheritance gets defined as when a deceased person’s assets get instantly passed on only to their family or loved ones. No other person outside of this setup might be able to receive the inheritance unless it was specified beforehand.

Assigning of properties is no children’s game. You need to make the right decisions, read up a few property laws, and the like. The transferral of the rights process might be a bit extensive, but making the assignment form does not need to be. We’ve outlined an easy four-step guide that will assure you of a smooth and convenient way of creating the document.

A conversation is the first step in the process. Call up the assignee and the third party and schedule a meeting with them so you can ask for their information, such as their names, contact information, and many more. You need to know who you are transferring your ownership rights to so you can place it in the document for legal matters.

Once the assignee and the third party gave their personal and contact information to you, the next thing to do is to start discussing legal matters. Talk to them about the terms and conditions of the assignment and the property. And then list down the things that all three of you agree to.

The aim of this how-to guide is convenience. So instead of making an assignment form from scratch, better download a template from the Internet. Premade templates are quite convenient since you need only to select one that you like and open it. The sections and contents are customizable and compatible with any type of software.

Once you have the information and the template on hand, start filling out the model. Make sure that all the data are in the right data fields, and check for any grammatical or contextual errors from time to time. Afterward, have it signed by you, the assignee, and the third party.

Most assignment cases present only physical properties like homes and vehicles. But these are cases where transactions such as loans are subject and amenable to an assignment. The assignor may assign rights to the loan, but this would then require a third party borrower to make repayments to the assignee. For example, a mortgage loan note issued by a third party borrower.

Assigning happens because the assignor wants to transfer his right to ownership of property. And thus, the assignor relinquishes any connections or benefits from the property. And once that happens, the assignor may no longer be held liable for whatever happens to the property.

Once the assignment form gets signed, and once the assigning occurs, the assignor cannot revoke it and take back his property anymore. Once the assignor gives up his rights, it can never be regained again, unless the assignee assigns it back to the original owner. However, donation assignments can be revoked.

Life is a journey of gain and loss. With that, people bring objects with them as they move in life. However, time will come when people will have to give up their rights to some properties. They might not have the financial capability to manage or keep it anymore. And so, opting to transfer the item with the aid of legal assignment forms might just be the better solution rather than discarding it. After all, the objects or properties helped the previous owner at some point in their lives. And through the assignment, the property might become useful again to the new owner.

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WTO / Real Estate / Lease Agreements / Free Assignment of Lease Forms | Word – PDF

Free Assignment of Lease Forms | Word – PDF

Do you need to move out of your rental for a job or to go to school? Is your family expanding, or do you need to cut down on some of your bills to downsize? When you are in the middle of your lease, it may seem like you are stuck and can’t get out of the agreement. But an assignment of lease can be the trick you need to get ahead.

What is Assignment of Lease?

It is a tool that a tenant can utilize if they wish to get out of their lease ahead of time and assign it to another tenant.

Not all landlords will allow this, and if they do, they often have specific rules about how it can occur. When the landlord allows it, the tenant can move out of the rental and not worry about the penalties of breaking their lease.

Different names are used for an assignment of lease. Some of these include:

• Lease transfer
• Assignment agreement
• Lease assignment agreement
• Lease assignment form

No matter the name it goes under, it will serve the same purpose. This agreement will be useful to a tenant who wishes to leave the rental property ahead of the end of the lease. If they want to leave after six months and the lease is for one year, they may need to do a lease assignment with their landlord to help fill the rental before leaving.

This will help them solve this problem. With the permission of the landlord, the tenant can transfer their obligation under the lease over to another person. Once the landlord agrees , the new tenant (assignor ) can move in and follow the same rules that the original tenant ( assignee ) did, including property maintenance and any rent obligations. This will then release them from the obligations under the lease, allowing them to move and sign a new lease without a bad recommendation.

Most states require the landlord to be reasonable when it comes to a lease assignment. They do not have to accept each person you bring to them, especially if that person has a bad rental payment history or another problem that the landlord would not usually tolerate in their properties. But the landlord is not allowed to make things unnecessarily difficult, and they can’t refuse a tenant only to keep you on the property.

Both parties must have sufficient paperwork to help keep things organized. This should start with a properly drafted assignment so that all parties, including the landlord, new tenant, and old tenant, can understand which obligations are being transferred and who will be part of the new lease. This agreement can make the new tenant and landlord relationship run smoothly.

Types of Lease Assignment

The type of lease assignment the tenant will sign depends on the type of lease agreement the tenant has from the start. They may live in a residential home and need to do a lease assignment that works for that, or they could be a major business that will need assignment to leave the commercial property.

Residential lease assignment

When a tenant lives in an apartment, duplex, single-family home, or another place that they call home and need to move out before the end of the lease, they can do an assignment of lease. This allows them to find another tenant for the landlord, someone who will take their place and continue with the terms of the lease.

When the original tenant chooses to do a lease assignment, they will contact their landlord. The landlord can then screen the tenant to make sure their background, credit, and past rental history match up with who the landlord is comfortable renting out to. After these checks are done, the landlord can write the assignment and sign it with both the original and new tenant before the new agreement begins.

Commercial lease assignment

Some leases are between landlords and commercial businesses. The business utilizes the building in order to run their day to day operation. The business may decide that they no longer want to rent that property in the middle of their lease. The business can use the lease assignment form to help them get out of the lease with a new business in their place.

Assignment Vs. Sublease

Some tenants may be confused about the differences between a sublease and a lease assignment. Both of these will involve the original tenant finding someone new to take over the property, but they are different processes. If the tenant wants to do an assignment of lease, they need to do it the proper way to make sure it is done the right way.

The assignment will occur when the tenant works with the landlord to transfer their lease over to a new tenant. The new tenant must agree to take over the lease, keeping the property maintained and paying the rental amount each month. The previous tenant will no longer have their name on the lease and is free to move on to a new property without having to keep up with the obligations of the lease. The landlord will be part of this agreement as they do screenings and need to approve the new tenant.

The sublease will be when the tenant chooses to hand over the obligations of the lease to someone else through a subleasing agreement. The landlord is not part of this agreement, and they often do not approve of subleasing because it can allow an unknown person into the property without the landlord’s approval. The tenant will be held responsible for the original lease and all of its terms, so it can be a risky thing to work on.

You must look through the original lease agreement to see what rules are in place for subleasing or doing an assignment of lease. Most lease agreements will include whether one or both of these are allowed and will list out the specific steps that the tenant must follow for both of them.

What to Include

Each lease assignment will be a little different, and it may depend on the unique components that were in the original lease from the start.

Some of the items that you should include in your document include the following:

Type of lease

List out details about the type of lease that this letter should concern. The type of lease is usually either commercial or residential.

Location of property

Write out the physical location or complete address of the property to make sure there is no confusion in understanding the document. Make sure that the address includes the city name, the state, and the zip code along with it.

Parties’ details

There are three parties who will agree to the assignment of lease, including the landlord, the assignor or the original tenant, and the assignee or the proposed new tenant. Include relevant details about each individual, including their names and addresses.

Original lease term

The original tenant will need to include the terms of the original lease. They can pull out the lease and include information like the start and the end dates of that lease. The landlord could look these up, but it is helpful to have them in place to avoid confusion.

Start date of the lease transfer

Everyone should agree on the date that the lease transfer will occur. This will be the date that the current tenant need to be out of the property, and the new tenant will take over. Most leases will stipulate a certain amount of notice for the landlord, with 30-days being the standard. So make sure there is enough time for all parties involved to get ready for the change in the lease.

Assignor’s continuing liability

The lease assignment needs to list out the amount of liability the original tenant will have for the property and the lease when they move out. This will point out whether the assignor is still liable to the landlord after the lease is assigned.

Lead paint disclosure

Lead paint disclosure is only required in certain areas, but if it is, then the disclosure will also need to be included in the lease assignment.

This assignment also needs to have a copy of the master lease, or the original lease that the assignor and landlord worked on together. A copy needs to be given to the new tenant, so they understand the rules and obligations of moving into the rental.

Given below are lease templates:

Who is Liable in an Assigned Lease?

When the original tenant is looking to do an assignment of lease so they can move out, they need to take a look at who is liable. The original master lease will often give some clues about who will be liable here. If this is not listed out in the master lease, then the landlord will get to decide whether it is the original tenant or the new tenant who will be liable for the property.

The lease assignment can help to tell who is liable here. Make sure to list out the specific situations when the assignor or the assignee will be the ones responsible for property damages, fines for non-compliance, or missed rental payments. If the assignor has been legally released from this kind of liability, the landlord will not be able to come back at them later on for repayment or damages to the property.

It is possible that the assigner will be liable, even after they leave the property and do the assignment of the lease. In this situation, the landlord can get payments from the assignor if the assignee does not make payments on time or damages the property. Utilizing the assignment agreement can help make things safe. This can be done through a release from liability.

Many landlords do not want to release the assignor from their liability. This protects the landlord more because they get the chance to go after two people, rather than one, to help with late payments or damages. The tenant will need to understand the laws and regulations in their state and add in clauses to the assigned lease to help figure out whether they can excuse themselves from liability when they move out.

Even with a release from liability or a clause that releases the tenant if there is a change in ownership of the property, there are certain expenses that the original tenant may still be responsible for. Therefore , the assignor needs to be very careful about the assignee they choose for the property to ensure that they won’t have any large, unexpected fees to deal with later.

Important Considerations

There are a few things that the assignor needs to consider before they decide to write out an assignment for the lease.

Some of the things to consider include:

Get legal assistance from a professional

Before you write out an assignment of lease, you should consider talking to a lawyer who specializes in real estate or contracts in general. They will make sure that your letter is written legally and follows the rules of your lease. It is possible that the landlord will not be open to this agreement, but the real estate lawyer can help you see whether there are other options available. With the help of a real estate lawyer, you will be able to work with them to make sure the legal language protects the assignor and that the landlord will accept the agreement.

Give assignee a copy of the original lease

The asignee needs to receive a copy of the original lease to look over before they agree to the lease assignment. This helps them see the terms of the lease, the amount they owe each month, and any other requirements they must follow if they take over the lease. Therefore, attaching the master lease to your new lease assignment is necessary.

Review your local and state laws

Each area is a little different in terms of the rules you need to follow for your assignment of lease. In some areas, you may need to notarize the assignment of the lease or have witnesses when you sign, or it will not be legal. Having these witnesses will make it take a little more time, but will help prevent challenges to the validity of the document later.

The local and regional laws on renting, leasing, and real estate will vary, and the exact ones will tell you what can be included in the assignment and what your own legal obligations are. Even the language that you include or keep out of the lease assignment will vary based on where you live. So always look up the real estate laws in your area or work with a professional to make sure you do this right.

Is a Landlord’s Consent Required for a Lease Assignment?

As you take a look through your master lease, you will usually find a clause that states any lease assignments need to have the landlord’s written consent before they become effective. The landlord may also list other requirements that the tenant needs to follow in order to have a valid transfer of the terms of the original lease. You must follow the instructions in the original lease before proceeding with the assignment of the lease to make sure that the landlord will not fight it later.

You can’t have someone move into the apartment without telling your landlord. This can be a breach of the lease and can land you in some legal trouble. It is important to have the consent of the landlord. The landlord is not able to unreasonably withhold permission for this either. As long as you choose a good tenant to replace you (one who can pass the background and income check of the landlord), most landlords will agree to this, unless the exact terms of the original lease say it is not allowed.

In some jurisdictions, the landlord may consent to the change by not responding. If they do not respond to your assignment of lease by a certain date, the assignor is allowed to consider that consent and can proceed with the transfer, them moving out of the rental and the new tenant moving in. The assignor should check their local laws to see whether this applies to them or not.

If the landlord decides that they will not accept your assignment of lease, then ask for the reasons in writing. The landlord may not withhold consent based on the race or sex of your assignee, but they can refuse if the assignee has an eviction history or does not make enough income to pay the rent on that property.

Final Thoughts

There are different reasons why a tenant will need to leave their rental before the end of the lease, and they want a way to get out of it without breaking the terms of their lease or having larger fees imposed upon them. An assignment of lease is a great way to help with this. When approved, the landlord agrees to let the assignor put an assignee into the property, someone who will take over the lease and finish it out. By understanding a lease assignment, you could help keep the landlord happy while being able to move on to the next chapter of your life.

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Why did reliever return to Red Sox without rehab? ‘‘Running out of time’

• Published: Aug. 13, 2024, 5:08 p.m.

BOSTON, MA - AUGUST 12: Chris Martin #55 of the Boston Red Sox pitches during the eighth inning against the Texas Rangers on August 12, 2024 at Fenway Park in Boston, Massachusetts. (Photo by Maddie Malhotra/Boston Red Sox/Getty Images) Getty Images

• Sean McAdam | [email protected]

BOSTON — Last Wednesday, Chris Martin went straight from the Injured List to the Red Sox’ active roster. He did not pass “Go,” he did not collect $200 and he did not stop for a minor league rehab assignment.

He simply started pitching again, seemingly impervious to the elbow inflammation that sidelined him in early July. That he has pitched as well as he has makes Martin’s return all the more remarkable. Over three appearances, Martin has tossed three scoreless innings, allowing just two hits — both singles — while striking out six. As ever, he’s been a strike-throwing machine with 72 percent of his pitches landing for strikes and no walks issued.

Rehab? Who needs it?

But even Martin confessed to being surprised that he has been so effective without benefit of even a brief minor league assignment.

“To be honest, yes, I am surprised,” said Martin. “Obviously, this is the first time coming off an IL situation without rehabbing. I feel mechanically, there are things you can do (off the field) with dry work and things like that. It’s just the recovery stuff that was a question mark.”

Asked why he elected to skip a minor league rehab assignment of at least an outing or two, Martin cited the playoff race and the calendar.

“We’re kind of running out of time,” he said. “I felt like the bullpen was getting worked pretty hard. We’re right in there in the playoff hunt, so I just felt like, ‘Might as well get out there and get going competitively.’ Sometimes, a rehab assignment, you don’t have those competitive juices flowing. Hopefully, this was going to be able to speed up the process.”

His return couldn’t have been timed better. The Red Sox are without Justin Slaten, and have optioned two lefty relievers back to Worcester in the last week. The bullpen has been hit hard since the All-Star break and a fresh — and able — arm was more than welcome.

“He’s been good, the stuff has good, the command has been great,” said Alex Cora. “Obviously, we have to b be careful going back-to-back and all that. We talked about (an assignment first), but an outing in Worcester at 100 percent is basically an outing here, because he’s that good. We need him. We have to be careful, especially early. But at one point, he’ll do the back-to-back and he’ll be a full-go.”

Martin’s season has been interrupted three times this year. Earlier in the season, he experienced soreness in his left shoulder, which he managed to pitch through. Next came an IL stint for anxiety , followed by being sidelined by the elbow.

“Now, it feels like he’s close to 100 percent,” said Cora. “We’re going to be able to use him the right way and I think he’s going to be able to contribute.”

Martin was activated last Wednesday, the final game of a six-game road trip. Facing major league hitters for the first time in more than a month, Martin retired the Kansas City Royals in order on 15 pitches, striking out the side.

“Obviously, the results helped mentally,” said Martin. “That was good for the brain.”

On Saturday, he allowed a single in a shutout inning as the Red Sox tried to claw from behind against Houston. And on Monday night, as the Red Sox were locked in a tie game in the late innings against Texas, Martin pitched his customary eighth inning and allowed just one hit while recording two strikeouts.

The bigger challenge, to date, hasn’t come on the mound, but rather, in between outings as he looks to rebuild stamina in his throwing arm and quicken his recovery.

“Overall, my body feels good, so that’s a good sign,” Martin said. “The stuff’s been OK. The velo is down a little bit, but that’s to be expected. I feel like I’m staying in my delivery very well. That’s something we worked on here, doing dry work and stuff like that. I feel like the ball’s coming out pretty good, so once the velo comes back, we’ll be in a real good place.”

Martin likens his current status as similar to how he might feel coming out of spring training — building strength as he builds back arm strength.

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How to cite ChatGPT

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We, the APA Style team, are not robots. We can all pass a CAPTCHA test , and we know our roles in a Turing test . And, like so many nonrobot human beings this year, we’ve spent a fair amount of time reading, learning, and thinking about issues related to large language models, artificial intelligence (AI), AI-generated text, and specifically ChatGPT . We’ve also been gathering opinions and feedback about the use and citation of ChatGPT. Thank you to everyone who has contributed and shared ideas, opinions, research, and feedback.

In this post, I discuss situations where students and researchers use ChatGPT to create text and to facilitate their research, not to write the full text of their paper or manuscript. We know instructors have differing opinions about how or even whether students should use ChatGPT, and we’ll be continuing to collect feedback about instructor and student questions. As always, defer to instructor guidelines when writing student papers. For more about guidelines and policies about student and author use of ChatGPT, see the last section of this post.

Quoting or reproducing the text created by ChatGPT in your paper

If you’ve used ChatGPT or other AI tools in your research, describe how you used the tool in your Method section or in a comparable section of your paper. For literature reviews or other types of essays or response or reaction papers, you might describe how you used the tool in your introduction. In your text, provide the prompt you used and then any portion of the relevant text that was generated in response.

Unfortunately, the results of a ChatGPT “chat” are not retrievable by other readers, and although nonretrievable data or quotations in APA Style papers are usually cited as personal communications , with ChatGPT-generated text there is no person communicating. Quoting ChatGPT’s text from a chat session is therefore more like sharing an algorithm’s output; thus, credit the author of the algorithm with a reference list entry and the corresponding in-text citation.

When prompted with “Is the left brain right brain divide real or a metaphor?” the ChatGPT-generated text indicated that although the two brain hemispheres are somewhat specialized, “the notation that people can be characterized as ‘left-brained’ or ‘right-brained’ is considered to be an oversimplification and a popular myth” (OpenAI, 2023).

OpenAI. (2023). ChatGPT (Mar 14 version) [Large language model]. https://chat.openai.com/chat

You may also put the full text of long responses from ChatGPT in an appendix of your paper or in online supplemental materials, so readers have access to the exact text that was generated. It is particularly important to document the exact text created because ChatGPT will generate a unique response in each chat session, even if given the same prompt. If you create appendices or supplemental materials, remember that each should be called out at least once in the body of your APA Style paper.

When given a follow-up prompt of “What is a more accurate representation?” the ChatGPT-generated text indicated that “different brain regions work together to support various cognitive processes” and “the functional specialization of different regions can change in response to experience and environmental factors” (OpenAI, 2023; see Appendix A for the full transcript).

Creating a reference to ChatGPT or other AI models and software

The in-text citations and references above are adapted from the reference template for software in Section 10.10 of the Publication Manual (American Psychological Association, 2020, Chapter 10). Although here we focus on ChatGPT, because these guidelines are based on the software template, they can be adapted to note the use of other large language models (e.g., Bard), algorithms, and similar software.

The reference and in-text citations for ChatGPT are formatted as follows:

• Parenthetical citation: (OpenAI, 2023)
• Narrative citation: OpenAI (2023)

Let’s break that reference down and look at the four elements (author, date, title, and source):

Author: The author of the model is OpenAI.

Date: The date is the year of the version you used. Following the template in Section 10.10, you need to include only the year, not the exact date. The version number provides the specific date information a reader might need.

Title: The name of the model is “ChatGPT,” so that serves as the title and is italicized in your reference, as shown in the template. Although OpenAI labels unique iterations (i.e., ChatGPT-3, ChatGPT-4), they are using “ChatGPT” as the general name of the model, with updates identified with version numbers.

The version number is included after the title in parentheses. The format for the version number in ChatGPT references includes the date because that is how OpenAI is labeling the versions. Different large language models or software might use different version numbering; use the version number in the format the author or publisher provides, which may be a numbering system (e.g., Version 2.0) or other methods.

Bracketed text is used in references for additional descriptions when they are needed to help a reader understand what’s being cited. References for a number of common sources, such as journal articles and books, do not include bracketed descriptions, but things outside of the typical peer-reviewed system often do. In the case of a reference for ChatGPT, provide the descriptor “Large language model” in square brackets. OpenAI describes ChatGPT-4 as a “large multimodal model,” so that description may be provided instead if you are using ChatGPT-4. Later versions and software or models from other companies may need different descriptions, based on how the publishers describe the model. The goal of the bracketed text is to briefly describe the kind of model to your reader.

Source: When the publisher name and the author name are the same, do not repeat the publisher name in the source element of the reference, and move directly to the URL. This is the case for ChatGPT. The URL for ChatGPT is https://chat.openai.com/chat . For other models or products for which you may create a reference, use the URL that links as directly as possible to the source (i.e., the page where you can access the model, not the publisher’s homepage).

Other questions about citing ChatGPT

You may have noticed the confidence with which ChatGPT described the ideas of brain lateralization and how the brain operates, without citing any sources. I asked for a list of sources to support those claims and ChatGPT provided five references—four of which I was able to find online. The fifth does not seem to be a real article; the digital object identifier given for that reference belongs to a different article, and I was not able to find any article with the authors, date, title, and source details that ChatGPT provided. Authors using ChatGPT or similar AI tools for research should consider making this scrutiny of the primary sources a standard process. If the sources are real, accurate, and relevant, it may be better to read those original sources to learn from that research and paraphrase or quote from those articles, as applicable, than to use the model’s interpretation of them.

We’ve also received a number of other questions about ChatGPT. Should students be allowed to use it? What guidelines should instructors create for students using AI? Does using AI-generated text constitute plagiarism? Should authors who use ChatGPT credit ChatGPT or OpenAI in their byline? What are the copyright implications ?

On these questions, researchers, editors, instructors, and others are actively debating and creating parameters and guidelines. Many of you have sent us feedback, and we encourage you to continue to do so in the comments below. We will also study the policies and procedures being established by instructors, publishers, and academic institutions, with a goal of creating guidelines that reflect the many real-world applications of AI-generated text.

For questions about manuscript byline credit, plagiarism, and related ChatGPT and AI topics, the APA Style team is seeking the recommendations of APA Journals editors. APA Style guidelines based on those recommendations will be posted on this blog and on the APA Style site later this year.

Update: APA Journals has published policies on the use of generative AI in scholarly materials .

We, the APA Style team humans, appreciate your patience as we navigate these unique challenges and new ways of thinking about how authors, researchers, and students learn, write, and work with new technologies.

American Psychological Association. (2020). Publication manual of the American Psychological Association (7th ed.). https://doi.org/10.1037/0000165-000

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