If you are a tenant and you assign your house lease to somebody else (a "third party"), your assignment of your lease contract does not relieve you of your obligations to the original landlord. If, for example, you assign your lease to Ralph and Ralph doesn't pay the rent, the landlord can come after you for the money even though you don't live there anymore. Whether she can come after Ralph or not (she may want to if Ralph has more money than you do) depends on the nature of the obligation. In the case of rent payment, she probably cannot come after Ralph for the money, but if she hits you up for the rent, then you can turn around and sue Ralph for it.
But let's say you have an obligation to keep the house in good repair, and the landlord stops by and sees that the place is falling down because Ralph is a Rastifarian and does nothing but party 24 hours a day. The landlord can then sue either one or both of you for the cost of repairs, because in most states the obligation to repair is considered a "covenant running with the land", which means that Ralph doesn't have to have a lease contract directly with the landlord in order to have an obligation to repair the house. By the way, you can come after Ralph the Assignee for any of the lease contract obligations that you assigned to him, even if the landlord can't. So if he doesn't pay the rent, then sue the sucker.
Which covenants (promises) do and do not "run with the land" (as opposed to running with the lease contract only) varies from state to state, but they are reasonably consistent with each other. For example, a promise to insure the house does not run with the land in most states and thus cannot by enforced by a landlord against an assignee. Keep in mind, though, that if in the assignment agreement with the original tenant Ralph "assumes" the obligations of the tenant's lease contract with the landlord, then Ralph will be obligated to the original landlord for all of the tenant's obligations, including insurance. So if you were Ralph, you'd want to be very careful about the presence of the word "assume" in your assignment agreement with the original tenant. Don't just "assume" that it means the same thing in Legalese as it does in English (ha ha!).
But let's suppose that it is the landlord who has promised in the lease contract with the original tenant to insure the property against fire, the tenant assigns the lease contract to Ralph the Rastifarian, and the landlord lets the insurance lapse. Even though the landlord couldn't force Ralph to insure even if insurance had been the tenant's obligation in the original lease, if insurance is the landlord's duty then Ralph CAN force the landlord to insure the house, even though the landlord has never signed a contract with Ralph and may not even know who he is. That is precisely why most landlords write their lease contracts to expressly forbid assignments by the tenant to a third party, especially a partyin' third party like Ralph.
DISCLAIMER: The following is intended for reference only and does not constitute legal advice.
Related Articles
Restrictive Rental Markets in the Caribbean
By: The Global Property Guide | 01/06/2007 | Business
In a study, the Global Property Guide (http://www.globalpropertyguide.com) examines the landlord and tenant systems of 19 Caribbean countries and territories in terms of rent control, security deposits and tenant eviction. With contributions from local law firms, each economy is rated as strongly pro-tenant, pro-tenant, neutral, pro-landlord or strongly pro-landlord.
As a Landlord, be Strict With What you Fix
By: Michael C. Podlesny | 16/01/2008 | Business
As a landlord for over 10 years I am always asked by those who have never been a landlord, "Isn`t it a pain in the butt when you get calls in the middle of the night to fix something?"
Find a Solid Rental Lease
By: Don Conrad | 18/05/2007 | Real Estate
Having a strong, binding tenant agreement is one of the most important pieces of paperwork a landlord can have. Read the following article to gain a better understanding where one can find a lease most suited to their needs.
All About Real Estate Agents
By: Dave Jarvis | 23/05/2007 | Real Estate
Real Estate Agents.....
Who Are They...
Real estate agents are professionals instrumental in connecting the buyer with the seller.
Additionally, many real estate agents manage rentals wherein they introduce tenants to landlords and oversee the maintenance of the property on behalf of the landlords.
In most areas real estate agents are required to be...
Find A Solid Rental Lease.
By: Don Conrad | 24/05/2007 | Real Estate
If you are going to be a landlord, I strongly advise having a well-prepared lease. A good lease will solidify the verbal agreement and important criteria between the landlord and the tenant. It will also be your strongest ally should a dispute arise between you and your tenant. A properly...
Renting an Apartment With the Homeowner in the Building
By: Carolyn Gibson, CPM | 26/02/2008 | Real Estate
Renting an apartment from an owner who lives in the same building can be a rewarding experience. Living in an owner-occupied building depends on whether or not the landlord and tenant are compatible with the rules, habits and expectations of the homeowner.
How To Deal With An Eviction Notice
By: Professor P | 02/02/2007 | Real Estate
You've been served an eviction notice, what should you do? The state that you are currently residing in is a major factor. However, there is generally a set of procedures that applies to tenants.
The most important step that a landlord must take during an eviction process is when they serve...
The Contents of a Lease
By: Don Conrad | 05/02/2007 | Real Estate
Most landlords know that they need a lease agreement between them and the tenants that read their properties. What a lot of a landlords do not know is all the topics that should be covered in that lease. Read this brief article to better understand this subject.
Got a Question? Ask.
Ask the community a question about this article:
Frequently Asked Questions
Must I allow the Landlord in if I'm not going to be home, even if 24 hrs notice given?
By: Alice | 25-07-2008
Hi, my landlord wishes to show my apartment when I am not going to be home this weekend. I do not have anyone who can let him in and I would have to give him my key. There has been an issue in the past with the upstairs tenant claiming he entered her apartment at other times and the police made him give us both keys he did not have a copy of. I don't know what to do I feel like i'm being forced to give him the key or cancel my trip and let him in myself. Do I have any rights to tell him no he must pick another date and time? Thank you.
My tenants signed a lease for three people to live ...
By: cristi1971 | 25-07-2008
My tenants signed a lease for three people to live in the property, now they have moved in another family. Can I evict them?
What the TOS of the biggest search engines is say ...
By: ffd2 | 25-07-2008
What the TOS of the biggest search engines is say about storing the number of search results it is returning for a specific search term?
i'm an undergraduate law student, 2nd year and ...
By: me | 25-07-2008
i'm an undergraduate law student, 2nd year and wanna transfer and study law in the US how does that work?Cause i hear US universities dont let u take law as an undergraduate.
Is there a law, specifically in Texas, regarding ...
By: everett | 25-07-2008
Is there a law, specifically in Texas, regarding cooking and serving rare and medium rare hamburgers?
On court ordered children's restricted accounts ...
By: Drea | 24-07-2008
On court ordered children's restricted accounts, if money is used from it, without prior approval, what is the punishment for the custodial parent/guardian?
Q&A Powered by:
Latest Law Articles
Who Decides On Non Criminal Responsibility
By: Catherine Harvey | 26/07/2008
A look at how personal injury claims are decided on throught he courts and what place injury lawyers have in it all.
Your Debt Repayment Rights
By: Art Gib | 25/07/2008
Following an era of indulgence and over spending, America is right now embroiled in a credit mess with thousands of people in over their heads in consumer debt. The following discusses the limitations of debt recovery agencies when striving to collect debts from you.
Views on Nanny Cams - Disclosure, Legality and Ethics
By: Nahshon Roberts | 25/07/2008
Nanny cams have become so much a part of our culture. It will not come as a surprise to you if almost every parent you know who has a nanny, or who have hired nannies in the past 2 years, have installed nanny cams. Before you purchase and...
Estate Plan: Medical Power Of Attorney
By: Mike Trudeau | 25/07/2008
Medical Power of Attorney
Setting up a medical power of attorney along with a living will is an extremely important step in the estate planning process. A medical power of attorney or a living will describes the type of health procedures that can or cannot be done on us, should it...
Drafting Enforceable Letters of Credit
By: Ryan Azevedo | 25/07/2008
Letters of Credit are incredibly useful and sometimes necessary tools in the course of international trade. They essentially serve to notify a seller of goods that a buyer has a line of credit with a credible financial institution. This allows the seller to feel more assured that in the event...
Criminal Records Online: Where to Find Them for Free
By: Chad Kiser | 24/07/2008
In any thorough investigation about a person's background, verification of records of criminal activity, if any, is part of the modus operandi. The highly computerized environment of the present Information Age makes such inquiries both expedient and comprehensive with online criminal records.
History of Counterfeit Money
By: Amy Nutt | 24/07/2008
Counterfeit money actually has a very long history, which means the concept is not really all that new. Currency has been around for a long time and with currency comes greed. They say that money is the root of all evil and counterfeiting is definitely not an exception.
How to Get a Fair Insurance Settlement
By: Mark Decherd | 24/07/2008
No matter what has damaged your home, if it's covered by your insurance policy, you can rest easy knowing that it will be taken care of - or can you?
More from Bob Miles
Yew Git Off My Property! The Law Of Trespassing
By: Bob Miles | 29/05/2007 | Law
CYA Disclaimer: The following is intended for reference purposes only and not as legal advice.
What is "trespassing", anyway? Most of us think we know. But the more you think about it, the more complex it can get. For example, could you be sued for trespassing on property that you are...
Real Property Law: Fixtures
By: Bob Miles | 29/05/2007 | Law
CYA Disclaimer: The following is intended for reference purposes only and not as legal advice.
What is a fixture, anyway? Odds are you own one. The formal definition is "a tangible object that was once personal property but has become so connected with real property that it has become a part...
Real Estate Law: Underground Water
By: Bob Miles | 29/05/2007 | Law
CYA Disclaimer: The following is intended for reference purposes only and not as legal advice.
Do you own the water running under your property? If you're not the kind of person who would care one way or another, then read no further (although it is beyond me how anyone could fail...
Real Property Law: Nuisances
By: Bob Miles | 29/05/2007 | Law
CYA Disclaimer: The following is intended for reference purposes only and not as legal advice.
"He's such a nuisance, constantly drumming his fingers on the table like that!"
Just what is a "nuisance", anyway? Well, it has one meaning in common parlance and another more specific meaning in law, although the...
Airspace Over Your Property - How Much Of It Do You Own?
By: Bob Miles | 29/05/2007 | Law
CYA Disclaimer: The following is intended for reference purposes only and not as legal advice.
The short answer is, "as much of it as you can use". No, you cannot float a "No Trespassing" blimp and shoot down passing airliners for trespassing. But believe it or not, you can build a...
How Mortgages Work
By: Bob Miles | 28/05/2007 | Real Estate
A mortgage is created when someone uses real estate to secure a promise to repay a debt. For example, if you borrow money from a bank and give the bank permission to sell your house to pay off the debt if you don't pay it back yourself, then you have...
Registering The Purchase Of Your Real Estate
By: Bob Miles | 27/05/2007 | Real Estate
As soon as you buy real estate, it's a must to register it at the recording office or wherever real estate transactions are registered in your particular jurisdiction. If you don't, you could end up losing title to your real estate due to the misconduct of the previous owner or...
Real Estate Law: Damages For Breach Of Warranty Covenants By A Seller
By: Bob Miles | 27/05/2007 | Real Estate
If you own real estate and sell it to a buyer under a general warranty deed, you can be liable to the buyer years later for some defect in the title that you didn't even know about at the time you sold him the real estate, and you could end...
Law 
