Posted by Anthony J. Fejfar BA, JD, MBA, Phd on 1/10/12

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In the area of Landlord and Tenant Law there are two legal
vehicles or concepts known as a Lease Sublease and a Lease
Assignment. A Sublease takes place where the Tenant leases
the Leasehold property to another, where a portion of the
lease term is reserved as a reversion to the Tenant-Lessor.
An Assignment, on the other hand, takes place where the
Tenant leases the entire remainder of the Lease to another
as a Lease Assignment. However, there is another situation
that can arise. This is where the Tenant leases the leased
premises to another as a co-tenant. Since the original
Tenant stays in possession, this situation can neither be
called an Assignment nor a Sublease, but instead should be
denominated a Sidelease. In a Sidelease, the original
Tenant remains in possession and and co-leases to a
co-tenant, where each co-tenant has a undivided possessory
lessehold interest such as the situation where a college
student co-leases to another college student as a college
room mate.

Anthony Fejfar Legal Consultant for Attorneys and Professors

Law and Jurisprudence-Landlord and Tentant Law, 1/10/12, by Anthony J. Fejfar BA, JD, MBA, Phd.

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