State Split: Transfer Restrictions In Commercial Leases

Law360, New York (April 4, 2012, 1:07 PM EDT) -- When drafting a commercial lease, assisting with the sale of a business where the sale involves the assignment of a lease or a sublease, or representing a client in litigation concerning the transfer of a tenant's interest in a commercial real estate lease, attorneys should be aware of an important split of authority among the states over whether or not a landlord may unreasonably withhold its consent to the transfer of a tenant's interest in a lease in the absence of language expressly prohibiting the landlord from doing so.

The genesis of the current statutory framework governing this issue in California...

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