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

[Jeffrey Mazor]

David.

 

I wonder if "absolute or sole discretion would be sufficient to avoid the
good faith requirements of Fernandez v. Vazquez, attached.

 

Maybe better, an outright prohibition or explicitly say that the Landlord
may apply any criteria she desires.

 

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

 

 

 

From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of David Weisman
Sent: Thursday, April 14, 2011 12:11 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Outright prohibition against commercial lease
assignment or subletting

 

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

 

Email Logo -Resize 30

 

 

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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