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Partial Assignment Of Lease
"I need a Partial Assignment of Lease document for transferring 60% of my retail space to another business while retaining 40% for my own use, with shared bathroom and storage facilities, effective from March 1, 2025."
1. Parties: Identifies the Assignor (current tenant), Assignee (new tenant taking partial assignment), and Landlord
2. Background: Recitals explaining the original lease details, reason for partial assignment, and portion being assigned
3. Definitions: Defines key terms including 'Original Lease', 'Assigned Portion', 'Retained Portion', 'Assignment Date', and other relevant terms
4. Assignment: Core clause specifying what portion of the lease is being assigned and from what date
5. Consideration: Details of any payment or consideration for the partial assignment
6. Landlord's Consent: Confirmation of landlord's consent to the partial assignment
7. Assignor's Covenants: Warranties and obligations of the current tenant regarding the assigned portion
8. Assignee's Covenants: New tenant's commitments to comply with lease terms for assigned portion
9. Shared Responsibilities: Allocation of responsibilities between Assignor and Assignee for shared areas or obligations
10. Execution: Formal signing section with execution blocks for all parties
1. Security Deposit Arrangements: Include when there's a transfer or adjustment of security deposits between parties
2. Rent and Outgoings Apportionment: Include when specific arrangements for splitting rent and outgoings need to be detailed
3. Fitout and Alterations: Include when there are specific arrangements regarding existing fitout or planned alterations
4. Insurance Requirements: Include when special insurance arrangements are needed for shared spaces
5. Dispute Resolution: Include when parties want specific dispute resolution procedures for shared space issues
6. GST Provisions: Include when GST registration status of parties affects the assignment
7. Break Rights: Include when original lease contains break rights that need to be addressed in the partial assignment
1. Schedule 1 - Original Lease: Copy or summary of the original lease document
2. Schedule 2 - Assigned Premises Plan: Detailed plan showing the portion of premises being assigned and retained
3. Schedule 3 - Apportionment Schedule: Breakdown of rent, outgoings, and other costs between Assignor and Assignee
4. Schedule 4 - Condition Report: Current condition of the assigned portion of the premises
5. Schedule 5 - Shared Facilities Agreement: Detailed arrangements for shared areas and facilities
6. Appendix A - Landlord's Consent Letter: Formal written consent from the Landlord
7. Appendix B - Registration Requirements: Forms and requirements for registration of the partial assignment if required
Authors
Commercial Real Estate
Retail
Hospitality
Professional Services
Healthcare
Manufacturing
Warehousing
Education
Technology
Coworking Spaces
Legal
Property Management
Facilities Management
Operations
Real Estate
Compliance
Finance
Administration
Risk Management
Corporate Services
Property Manager
Facilities Manager
Legal Counsel
Real Estate Manager
Commercial Lease Administrator
Property Lawyer
Tenant Representative
Asset Manager
Operations Manager
Business Development Manager
Corporate Real Estate Manager
Leasing Executive
Compliance Officer
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