Skip to main content

Assigning Lease

Written by Landlord Legal USA

For Missouri Landlords Only

This guide applies to Missouri law. Rules vary by state and county.

⚡️Overview

An assignment of lease is used when a Landlord or Tenant changes but the lease remains in effect. Rather than canceling the lease, the parties are "swapped" while the lease continues.

⚖️ Landlord vs. Tenant Assignments

Landlord Assignment

Landlords typically assign leases when the property is sold or otherwise transfers ownership. The new legal owner should be named as Landlord. If ownership changes, the lease should be formally assigned to the new owner — and the Tenant should be notified. Under Missouri law, the new owner takes the property subject to the existing lease.

Tenant Assignment

Tenants sometimes assign a lease when a new person takes over the unit. Most assignments keep the original Tenant liable under the lease even after the assignment (an important protection for Landlords). Make sure your lease requires Landlord consent to any assignment.

FAQs

Can a Landlord deny an assignment?

Check your lease. A well-drafted Missouri lease (like ours) requires Landlord's written consent to any assignment or subletting. Without that clause, a Tenant may have broad rights to assign.

What happens to the security deposit on a Tenant assignment?

The security deposit stays with the Landlord and continues to secure the original Tenant's obligations (and the assignee's). Address this clearly in the assignment agreement.

Forms



💬 Need Help?

Reach out to Member Support

📞 (888) 885 - 7280



⚖️ Disclaimer - This article is for general informational purposes only and should not be considered legal advice or a legal opinion on any specific case or situation. It does not create an attorney-client relationship. We make no guarantees as to accuracy, completeness, or changes in the law. Any actions you take based on this information are at your own risk. The choice of a lawyer is an important decision and should not be based solely on advertisements. Your use of this website constitutes acceptance to the Terms of Use and Privacy Policy.

Did this answer your question?