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.
Vermont Transfer Clause Containing a contractual Right for the Landlord to Withhold Consent
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US-OL21013
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How to fill out Transfer Clause Containing A Contractual Right For The Landlord To Withhold Consent?
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FAQ
When is a refusal to provide consent considered unreasonable? In general, a landlord is not considered to be acting reasonably if it refuses to provide consent to a Transfer for capricious or arbitrary reasons.
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.
While an assignment divests the assignor of his or her rights in the leased property, unless the landlord consents to the assignment, notice the assignor remains liable to the landlord for rent and any other obligations set forth in the lease agreement.
A tenant can make a written request at any time to assign their tenancy to someone else. The request should include the contact details of the person being proposed to take over the tenancy. Alternatively, the landlord can find a replacement tenant, although they don't have to do this if they don't want to.
'Assigning' a lease simply means transferring your lease to another person so that they become the new tenant. Once the assignment has taken place the lease continues to exist and the new tenant becomes liable for all of the tenant's obligations in the lease.
§ 4460. (c) A landlord may only enter the dwelling unit without consent or notice when the landlord has a reasonable belief that there is imminent danger to any person or to property. (Added 1985, No. 175 (Adj. Sess.), § 1.)
An assignment clause is defined as a contract clause that determines whether the transfer of rights or obligations for all or part of a leased space can be re-assigned from the original lessee to a third party, and under what conditions such an action could take place.
Landlord's consent Unless the lease says otherwise, the landlord will have an absolute right to refuse consent and need not give reasons for its refusal. However, most commercial leases will provide that the landlord's consent is not to be unreasonably withheld.
