[RPPTL LandTen] Outright prohibition against commercial lease assignment or subletting

[David Weisman]

If the parties freely contract for the Landlord to have absolute or sole discretion, or if there is a blanket prohibition on assignment which the Tenant consents to at the outset of the Lease, there is no way for a Tenant to complain about what it agreed to.

David  Weisman
Board Certified Real Estate Lawyer
Greenspoon Marder, P.A.
Trade Center South, Suite 700
100 West Cypress Creek Road
Ft. Lauderdale, FL 33309
Phone 954-491-1120
Toll Free 888-491-1120
Direct Phone 954-343-6941
Direct Fax 954-343-6942

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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Jeffrey Mazor
Sent: Thursday, April 14, 2011 11:50 AM
To: 'RPPTL Landlord Tenant Committee'
Subject: [RPPTL LandTen] Outright prohibition against commercial lease assignment or subletting


HI:

I am quite familiar with the law that applies and the requirements for good faith dealing when a commercial lease allows for assignment, but only with:

a.        the landlord's consent , or

b.       The landlord's consent, which shall not be unreasonably withheld.

I believe that a lease can prohibit assignment as well, but does anyone have a source for that proposition?

Jeffrey R. Mazor, Esq.

J. R. Mazor & Associates, P.A.

Presidential Circle Building

4000 Hollywood Blvd.,  Suite 265-s

Hollywood, FL 33021

Phone: 954-962-3500

Fax:       954-962-3560

Email:   JMazor at Mazor.com

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