Successors and assigns clause
Standard clause that says the lease follows the property if the landlord sells, and follows you if you have someone approved take over. It's rarely a problem on its own.
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What it actually means
A successors and assigns clause means the lease binds — and benefits — anyone who legally steps into your or the landlord's shoes. If the building is sold, the new owner has to honor your lease. If you get court approval to assign the lease (or the landlord approves a sublet-to-assign), the new tenant takes over your rights and obligations.
This is universally normal. It becomes a problem only if paired with a separate 'no assignment or subletting without consent, which may be withheld for any reason' clause that lets the landlord block every practical exit.
What it looks like in a lease
"This Lease shall be binding upon and inure to the benefit of the parties, their heirs, successors, and assigns."
What to watch for
- How it interacts with the assignment/subletting clause (usually restrictive)
- Whether new ownership triggers any re-signing or fee (some leases sneak this in)
How to negotiate it
No action needed. This is protective for both sides.
When it crosses into a red flag
- Paired with 'no assignment permitted, ever' — makes the clause meaningless for you
- 'New owner may terminate this Lease upon 30 days' notice' — hostile to tenants
Frequently asked questions
What if the building is sold mid-lease?
The new owner takes the lease as-is — same rent, same term, same deposit. You do not have to renegotiate. Your deposit legally transfers to the new owner, who is now responsible for returning it.
Want to know how this works in your specific state? Read the Breaking a lease early guide, or pick your state from the guide index.
Related clauses
General information, not legal advice. Clauses are interpreted differently across states and courts. For a binding interpretation of your specific lease, consult a licensed attorney in your state.
