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Q.

Is the Transfer of Rental Agreement Possible In Case of Job Relocation?

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5 months

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Hey everyone. Almost 5 months ago, my cousin got a job relocation to another city. He asked me if the transfer of rental agreement because of job relocation is possible. ​I researched it and found that generally, it’s not allowed. But, you can negotiate with your owner to end the agreement.

What if I Break the Rent Agreement?

In India, you can transfer a rental agreement either via a transfer of tenancy (lease assignment) or a sublease agreement, but only if explicitly allowed or approved in the original lease. Under the Transfer of Property Act, 1882, a lessee may sublet unless the lease forbids it. However, landlord consent is typically required.

If your lease agreement permits such arrangements, here are key tips to navigate a job-relocation scenario:

  • Review the original lease carefully to check for clauses prohibiting or permitting subletting or assignment of the lease. 

  • Next, get written permission from your landlord, as proceeding without their consent may breach the agreement and even lead to eviction.

  • For a sublease, you remain responsible to the landlord while renting to another party who pays you rent. You become a "sub-landlord" to the subtenant.

  • With a lease (tenancy) assignment, the new tenant takes over all obligations under the lease, and you may be released, though some landlords may require a guarantee.

  • When drafting a sublease agreement, include comprehensive details: 

    • Parties involved

    • Property specifics

    • Rent terms

    • Deposit

    • Maintenance responsibilities

    • Termination clauses

    • Legal compliance

  • Ensure your sublease mirrors the terms of the agreement and includes landlord consent documentation.

I hope you found this information helpful.

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