Legal Question in Real Estate Law in New York

Assignment and Subletting of Lease

If a commercial leases merely provided:''Tenant may not assign...sublease...without obtaining Landlord's consent therefore,'' is there any duty (Court imposed, etc.) on the landlord's part to be reasonable in its determination, though the lease does not specifically obligate the Landlord to that standard?


Asked on 10/22/02, 3:34 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Assignment and Subletting of Lease

THERE IS ALWAYS AN OVERRIDING REQUIREMENT THAT THE LANDLORD ACT REASONABLY IN MAKING ITS DECISION. THE TENANT SHOULD BE AWARE THAT MATTERS SUCH AS CREDITWORTHINESS OF THE ASSIGNEE IS A BASIS FOR REFUSAL. ALSO, THE LANDLORD CAN INSIST THAT THE ORIGINAL TENANT REMAIN LIABLE FOR THE BALANCE OF THE LEASE TERM. THIS MIGHT CHANGE IF THERE WERE A MERGER OF TENANT WITH THE PROPOSED ASSIGNEE, WITH ASSUMPTION OF LOIABILITIES BEING INCLUDED IN THE MERGER.

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Answered on 10/22/02, 4:51 pm


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