A License to Assign Lease is a crucial document in Canadian property law that facilitates the transfer of leasehold interests while maintaining proper legal oversight. This document is required when an existing tenant wishes to transfer their lease obligations to a new tenant, but needs the landlord's formal consent as required by most lease agreements and provincial legislation. It protects all parties' interests by clearly documenting the permission granted, any conditions attached to the consent, and the ongoing obligations of each party. The document must comply with relevant provincial property laws and may need to be registered with appropriate land registry offices depending on the jurisdiction and lease term. It's particularly important in commercial contexts where assignment rights are frequently exercised and significant property interests are at stake.
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1. Parties: Identifies the Landlord, Current Tenant (Assignor), and Proposed Tenant (Assignee)
2. Background: Recitals explaining the existing lease arrangement and the proposed assignment
3. Definitions: Defines key terms used in the document including 'Lease', 'Assignment Date', 'Premises'
4. Grant of License: The formal consent of the landlord to the assignment
5. Conditions of Assignment: Specific conditions that must be met for the assignment to proceed
6. Assignment Date: Specified date when the assignment will take effect
7. Assignee Covenants: New tenant's promises to comply with lease terms and obligations
8. Assignor's Continuing Obligations: Specification of any ongoing liability of the original tenant
9. Costs: Responsibility for legal and administrative costs of the assignment
10. Governing Law: Specifies that Canadian law governs the agreement
11. Execution: Signature blocks for all parties
1. Security Deposit Transfer: Include when there's a transfer of security deposit from assignor to assignee
2. Guarantor Provisions: Include when the assignee is required to provide a guarantor
3. Rent Adjustment: Include if there are any changes to rent upon assignment
4. Landlord's Additional Requirements: Include when landlord imposes specific additional conditions
5. Break Clause: Include when special termination rights are granted
6. Insurance Requirements: Include when specific insurance requirements are imposed on assignee
1. Schedule A - Original Lease: Copy or details of the original lease being assigned
2. Schedule B - Premises Details: Description and/or floor plans of the leased premises
3. Schedule C - Assignee Information: Details of the assignee's business/background and financial information
4. Schedule D - Assignment Conditions: Detailed list of all conditions to be satisfied
5. Schedule E - Guarantor Details: Information about guarantor if applicable
6. Schedule F - Rent Schedule: Details of rent payments and any modifications
Relevant legal definitions
Agreement
Assignment
Assignment Date
Assignor
Assignee
Building
Commencement Date
Completion Date
Consent
Effective Date
Landlord
Lease
License
Original Lease
Parties
Permitted Use
Premises
Property
Rent
Security Deposit
Term
Transfer Costs
Guarantor
Assignment Conditions
Completion Requirements
Lease Obligations
Outstanding Amounts
Permitted Assignee
Registration Requirements
Required Consents
Assignment
Assignment Date
Assignor
Assignee
Building
Commencement Date
Completion Date
Consent
Effective Date
Landlord
Lease
License
Original Lease
Parties
Permitted Use
Premises
Property
Rent
Security Deposit
Term
Transfer Costs
Guarantor
Assignment Conditions
Completion Requirements
Lease Obligations
Outstanding Amounts
Permitted Assignee
Registration Requirements
Required Consents
Clauses
Consent
Assignment Rights
Conditions Precedent
Representations and Warranties
Covenants
Financial Obligations
Liability
Indemnification
Insurance
Registration
Compliance with Laws
Notice Requirements
Security Deposit
Default and Remedies
Costs and Expenses
Further Assurance
Entire Agreement
Severability
Governing Law
Assignment Conditions
Property Access
Maintenance Obligations
Transfer Process
Documentation Requirements
Guarantees
Time of Essence
Assignment Rights
Conditions Precedent
Representations and Warranties
Covenants
Financial Obligations
Liability
Indemnification
Insurance
Registration
Compliance with Laws
Notice Requirements
Security Deposit
Default and Remedies
Costs and Expenses
Further Assurance
Entire Agreement
Severability
Governing Law
Assignment Conditions
Property Access
Maintenance Obligations
Transfer Process
Documentation Requirements
Guarantees
Time of Essence
Relevant Industries
Commercial Real Estate
Residential Real Estate
Retail
Office Space
Industrial
Hospitality
Healthcare
Education
Manufacturing
Warehouse and Distribution
Relevant Teams
Legal
Real Estate
Property Management
Operations
Facilities Management
Asset Management
Compliance
Administration
Risk Management
Tenant Relations
Relevant Roles
Property Manager
Real Estate Manager
Leasing Manager
Legal Counsel
Real Estate Attorney
Commercial Property Administrator
Tenant Relations Manager
Asset Manager
Facilities Manager
Operations Director
Compliance Officer
Real Estate Portfolio Manager
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