As a business attorney who has drafted and reviewed hundreds of lease assignments across Florida, California, Texas, New York, and nationwide for over 12 years, I created this assignment of lease template to save landlords, tenants, and buyers thousands in legal fees. Whether you need an assignment of lease to new owner, a landlord assignment of lease form, or a commercial lease assignment form with landlord consent, this free downloadable Word and PDF template works in all 50 states — with special notes for Florida and California requirements.
Download the free Assignment of Lease Template (Word + PDF) here: Download Free Assignment of Lease Template
Important Disclaimer: This article and template are for informational purposes only and do not constitute legal advice. Always consult a licensed attorney in your state before executing any real estate document.
An assignment of lease is a legal document that transfers all rights and obligations under an existing lease from the current tenant (assignor) to a new tenant (assignee). Unlike a sublease, where the original tenant remains liable, a properly executed assignment typically releases the assignor from future liability — provided the landlord consents.
Common situations requiring an assignment of lease:
While the basic concept is the same nationwide, state laws differ significantly:
| Issue | Florida | California | Most Other States |
|---|---|---|---|
| Landlord consent required? | Yes, unless lease says otherwise (Fla. Stat. § 83.06) | Yes, cannot be unreasonably withheld in commercial leases (Cal. Civ. Code § 1995.010 et seq.) | Depends entirely on lease language |
| Original tenant released automatically? | No — remains liable unless landlord executes written release | No — remains liable unless novation agreement | No — privity of estate only |
| Security deposit transfer | Original tenant must transfer; new owner liable (Fla. Stat. § 83.49) | Must be transferred or credited (Cal. Civ. Code § 1950.7) | Varies by state statute |
| Recording required? | Only if lease >1 year and assignment is for entire remaining term | Generally no for assignment alone | Rarely required |
My 2025 template contains every clause I use in $750+ paid assignments:
Step-by-step (with my real-world tips):
Here’s actual language from the free template:
ASSIGNMENT
For value received, Assignor hereby assigns, transfers and sets over unto Assignee all of Assignor’s right, title and interest in and to that certain Lease dated __________, between __________ as Landlord and Assignor as Tenant, concerning the premises commonly known as __________ (“Premises”), together with all rights, options, and privileges of Tenant thereunder, including any security deposit.
ASSUMPTION
Assignee hereby assumes and agrees to perform all obligations of Tenant under the Lease from and after the Effective Date and agrees to indemnify and hold Assignor harmless from any breach thereof.
When a landlord sells income property, the buyer usually wants all existing leases assigned. Use the “Assignment of Leases and Rents” section in my template — it doubles as an assignment of rents form required by most commercial lenders.
Pro tip from 100+ closings: Always attach a rent roll and estoppel certificates as exhibits.
| Factor | Assignment | Sublease |
|---|---|---|
| Original tenant liability | Usually released (with consent) | Always remains fully liable |
| Relationship with landlord | Assignee in direct privity | Subtenant has no privity |
| Landlord consent | Almost always required | Required if lease prohibits |
| Security deposit | Transferred to new tenant | Usually stays with original tenant |
Can a landlord refuse to consent to assignment in Florida?
Only if the lease is silent and it’s a residential lease. For commercial leases, Florida follows the national rule — consent cannot be unreasonably withheld if the lease is silent (see Dunkin’ Donuts v. TASE, Inc., 753 So.2d 160 (Fla. 5th DCA 2000)).
Do I need a new lease or just an assignment?
99% of the time, an assignment + landlord consent is sufficient and far cheaper.
Is an assignment of lease recorded in Florida?
Only if the original lease was recorded and the assignment covers the entire remaining term (Fla. Stat. § 695.03).
Can I use this template for California?
Yes — I included California Civil Code references and remote online notary blocks compliant with CA law as of 2025.
Stop paying $500–$1,500 for something you can customize in 10 minutes.
Click Here to Download Free Assignment of Lease Template (Word & PDF)
Includes:
Again — this is provided free for informational purposes. I make my living drafting custom versions for complex deals. For anything beyond a straightforward transfer, hire local counsel.
Sources: IRS.gov (Publication 544 for tax consequences of lease assignments), Florida Statutes Chapters 83 & 689, California Civil Code §§ 1941–1950.7, 1995.010 et seq.