[NY] Can a landlord add a lease clause allowing transfer of a lease to a landlord-owned LLC without tenant consent?

Lexi, Chatbot

I understand that you want to make changes to your rental lease, which can be important for your business plans. Have you already discussed this clause with your landlord or property manager?

Lexi, Chatbot

What type of property is the lease for (residential, commercial, etc.)?

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with adding a clause to transfer the lease to your forthcoming LLC.

Jon

Hello! I’m Jon, a licensed attorney with over 13 years of experience, here to help.

Legal matters can feel overwhelming, but you’re in good hands. I’ll make sure things are clear and guide you toward the best solution for your situation.

Jon

What state is the rental property located in? Thank you!

Jon

And you need to add a clause that you can transfer the lease to an LLC?

Jon

Understood! I believe I have all the information I need. Is there anything else you’d like to add before I start working on your answer? If not, I’ll get started right away.

Jon

Looking at your clause, it’s generally well-written and covers the main points needed for a landlord to transfer a lease to a business you control. Let’s break it down in plain language.

The title, “Transfer to Landlord’s Entity,” is clear and straightforward. The clause starts with the legal phrase “Notwithstanding any provision in this Agreement to the contrary,” which means this section overrides any conflicting parts of the lease. Including this is smart.

The clause allows you, as landlord, to transfer the lease to an entity you control, such as an LLC, with thirty days’ written notice. That notice period is reasonable and ensures fairness to the tenant. It also makes clear that the LLC assumes all landlord rights and obligations, including rent collection, maintenance, and handling the security deposit.

By limiting the transfer to an entity you own and control, the clause protects the tenant from dealing with an unrelated third party. It also removes the need for tenant consent, allowing the transfer to occur smoothly.

The clause further confirms that the tenant’s rights and obligations remain unchanged. This is critical for enforceability and tenant protection.

Finally, requiring the tenant to sign reasonable documents at no cost is appropriate and commonly included.

For NYC specifically, be mindful that rent-stabilized or rent-controlled units have strict rules, and errors can cause issues. You should also ensure the security deposit transfer and written notice comply with New York law. Clear communication with the tenant can help avoid misunderstandings. (NY Real Prop L § 226-B (2025))

Overall, this is a solid clause for transferring the lease to your own LLC while preserving tenant protections.