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.
Dallas Texas Transfer Clause Containing a contractual Right for the Landlord to Withhold Consent
State:
Multi-State
County:
Dallas
Control #:
US-OL21013
Format:
Word;
PDF
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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
Considerations for tenants Tenants concerned that their landlords have unreasonably refused consent may have claims against their landlords in contract and/or tort. This could be for a declaration that consent has been unreasonably withheld; an injunction requiring consent to be given; or a claim for damages.
3. Amendments to the Lease typically not permitted and would not be considered to be a reasonable condition of consent if advantageous to the Landlord. Conversely, if consent diminishes the value of existing provisions, withholding consent may be found reasonable.
Once the qualified covenant has transformed into a fully qualified covenant, the landlord is under a duty not to unreasonably withhold consent to the alterations proposed.
Whenever either Party requests any consent, permission, or approval which may be required or desired by that Party pursuant to the provisions of this Agreement, the other Party shall not unreasonably withhold or postpone the grant of such consent, permission, or approval.
A landlord cannot unreasonably or arbitrarily refuse consent to an assignment of a rental unit to a potential assignee.
An assignment is when the tenant transfers their lease interest to a new tenant using a Lease Assignment. The assignee takes the assignor's place in the landlord-tenant relationship, although the assignor may remain liable for damages, missed rent payments, and other lease violations.
1 tr to keep back; refrain from giving. he withheld his permission.
Many legal documents, such as leases and contracts for deed, contain a transfer clause that states in effect that the property may be transferred only with the owner's consent, which consent shall not be unreasonably withheld. There is no acceptable definition of what is unreasonable.
The assignment provision in the lease may also provide that the landlord can refuse consent in certain circumstances, such as, if, in the landlord's reasonable opinion, the incoming tenant is not of sufficient financial standing to enable it to comply with the tenant's covenants and conditions contained in this lease.
The landlord must consent to the assignment of the lease prior to the assignment. For example, Jake is renting a commercial property for his business from Paul for two years beginning January 2013 up until January 2015.
