Transfer Of Lease Relationship
The transfer of the lease relationship is also subject to certain conditions. The lessee cannot transfer the lease relationship to another person without the written consent of the lessor. However, there is a detail, which is that the lessor cannot refrain from giving this consent unless there is a just cause in WORKPLACE leases.
The person to whom the lease relationship is transferred with the written consent of the lessor, becomes the lessee in the lease agreement and the transferring lessee is completely free from his debts to the lessor.
However, there is an exception, which is that the transferor tenant is jointly and severally liable with the transferee until the end of the lease agreement and for a maximum period of two years in workplace leases.
1. There must be an existing valid lease relationship.
In other words, there must be a valid lease agreement for the transfer of the lease agreement. Consequently, if there is no such agreement, there can be no transfer.
2. The parties must have agreed on the transfer of the lease.
The transfer of the lease agreement, the lessor, the lessee and the transferee must agree on the transfer of the tenancy relationship.
The transfer may be in the form of a tripartite agreement between the lessor, the lessee and the transferee, or the lessor may later accept the agreement made by the lessee and the transferee on the transfer.
In the latter case, the agreement between the lessee and the transferee is invalid until the lessor approves it. It becomes effective with the approval of the lessor.