Alaska Transfer Clause Containing a contractual Right for the Landlord to Withhold Consent

State:
Multi-State
Control #:
US-OL21013
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Description

This office lease form contains a contractual right in the transfer clause for the landlord to withhold its consent for specific situations not usually prohibited under the reasonableness standard. The tenant shall neither assign the lease nor sublet all or a portion of the demised premises without the landlord's prior written consent. This form outlines the specific situation where the landlord may withhold such consent.

An Alaska Transfer Clause Containing a contractual Right for the Landlord to Withhold Consent refers to a provision that grants the landlord the right to deny or withhold consent to a tenant's request for transfer or assignment of their lease agreement. This clause is commonly seen in commercial lease agreements in Alaska and is designed to protect the landlord's interests. The Alaska Transfer Clause Containing a contractual Right for the Landlord to Withhold Consent aims to ensure that the landlord maintains control over the occupancy and use of the property. It allows the landlord to review and assess the potential new tenant's suitability, financial stability, and ability to fulfill the lease obligations. There are two main types of Alaska Transfer Clause Containing a contractual Right for the Landlord to Withhold Consent: 1. Absolute Discretion: This type of clause gives the landlord the unrestricted right to withhold consent without providing any specific reasons. The landlord can exercise this power solely based on their own judgment or personal preferences. However, the landlord still has a duty to act reasonably and in good faith when making the decision, meaning they cannot reject a reasonable replacement tenant. 2. Reasonable Consent: This type of clause restricts the landlord's right to withhold consent unreasonably. It typically requires the landlord to base their decision on objective factors such as creditworthiness, business experience, reputation, and suitability for the premises. If the requested assignee or sublessee meets the predetermined criteria, the landlord must grant consent. The Alaska Transfer Clause Containing a contractual Right for the Landlord to Withhold Consent safeguards the landlord's interests by preventing undesirable or financially unstable tenants from occupying the premises. It allows the landlord to maintain the quality and reputation of the property and protect their investment. By including this clause in a lease agreement, the landlord has the ability to properly vet potential new tenants, ensuring that they align with the terms and conditions of the original lease and meet the landlord's requirements. This clause enables the landlord to exercise control over their property and make informed decisions while safeguarding their interests. In summary, an Alaska Transfer Clause Containing a contractual Right for the Landlord to Withhold Consent is a crucial provision in a commercial lease agreement that empowers the landlord to evaluate and approve or deny any tenant transfer or assignment requests. Its various types, including absolute discretion and reasonable consent, serve to protect the landlord's rights and maintain the quality and integrity of the leased property.

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FAQ

Except in case of emergency or if it is impracticable to do so, the landlord shall give the tenant at least 24 hours notice of intention to enter and may enter only at reasonable times and with the tenant's consent.

The original tenant cannot assign more rights than it has under the original lease. For example, if the term of the lease is 1 year, the term of the assignment cannot be 2 years. Most leases will require the landlord's written consent before an assignment becomes effective.

Alaska is a landlord-friendly state because of the lack of rent control laws.

290. Periodic tenancy and holdover. While rent is current, the landlord or the tenant may terminate a week to week tenancy by a written notice given to the other at least 14 days before the termination date specified in the notice.

Things A Landlord Cannot Do in Alaska Landlords cannot change locks, shut off utilities, or take other "self-help" actions to try to evict you. They have to file eviction cases in court.

(c) A landlord may not abuse the right of access or use it to harass the tenant. Except in case of emergency or if it is impracticable to do so, the landlord shall give the tenant at least 24 hours notice of intention to enter and may enter only at reasonable times and with the tenant's consent.

A landlord may deliver written notice to terminate the rental agreement for substantial damages or illegal activities conducted on the premises. The notice should contain details of the breach and a notice period between 24 hours and 5 days (§§ 34.03. 220).

Alaska landlord responsibilities Landlords are required to make repairs within 10 days of being notified by the tenant. Landlords are required to provide a 30-day notice before raising the rent. Landlords must provide a 24-hour notice before entering the property unless it's an emergency.

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The tenant may not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises, make necessary or agreed ... This office lease form contains a contractual right in the transfer clause for the landlord to withhold its consent for specific situations not usually ...by T Act — To file a complaint regarding illegal discrimination, contact the Equal Rights Commission in your community or the. Alaska State Commission for Human Rights. by MS Levin · Cited by 18 — ' Courts have held that a landlord may arbitrarily reject a proposed assignee of a tenant who is a party to a lease containing an approval clause ... The easiest way to edit Transfer Clause Containing a contractual Right for the Landlord to Withhold Consent in PDF format online · Sign in to your account. by JL Todres · Cited by 15 — ' Absent any qualifications on his right, the landlord may withhold his consent even if that withholding is unreasonable.5 But if the lease provides that the ... by BA WATSON · 2019 · Cited by 7 — Both proposed leases initially contain the following provision: “This lease may be assigned, subleased, or otherwise transferred.” In response, you countered ... Jul 13, 2022 — Various factors may allow a commercial landlord to withhold consent for a sublease including the subtenant's suitability for the building. by J Stein · 2009 · Cited by 6 — Q: If a lease contains no Transfer Restriction, must the tenant obtain the landlord's consent before assigning or subletting? A: Most jurisdictions favor free ... Landlord reserves the right to mortgage or otherwise place a lien on the Property and Tenant agrees to accept the Property subject and subordinate to any such ...

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Alaska Transfer Clause Containing a contractual Right for the Landlord to Withhold Consent