Assignment Without Landlord's Consent In Cuyahoga
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FAQ
Ohio Revised Code §5321.04(A)(8) states that a landlord must: Except in the case of emergency or if it is impracti- cable to do so, give the tenant reasonable notice of the landlord's intent to enter and enter only at reasonable times.
The transfer of a right from one party to another. For example, a party to a contract (the assignor) may, as a general rule and subject to the express terms of a contract, assign its rights under the contract to a third party (the assignee) without the consent of the party against whom those rights are held.
The purpose of a covenant against assignment without the consent of the landlord (not to be unreasonably withheld) is to protect the landlord from having his premises used or occupied in an undesirable way or by an undesirable assignee.
With commercial property leases, the vast majority do contain a restriction on assignment. This is generally on the basis that assignment is only permitted with the Landlord's consent given formally, with such consent not to be unreasonably withheld. If the Landlord agrees, a Licence to Assign is drafted by lawyers.
This form of consent is used when a tenant requests the landlord's consent for an assignment of its lease and the landlord agrees to grant its consent.
