[RPPTL LandTen] Outright prohibition against commerciallease assignment or subletting

[Haney, Gregory]

Yes, and I don't believe there is any sort of statutory or case law
decision from which this arises, if that is what you are seeking.  I
believe it is purely a freedom of commercial contract concept. This
answer may not cut it on a law school exam and I can't remember the last
time I looked at the Restatement of Contracts! 


Gregory R. Haney
Attorney at Law
Shumaker, Loop & Kendrick, LLP
Bank of America Plaza
101 East Kennedy Boulevard
Suite 2800
Tampa, FL 33602
813.229.7600
813.227.2277 direct
813.229.1660 fax
ghaney at slk-law.com
http://www.slk-law.com/
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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
commerciallease 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

 

 

 

 

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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