“Not to be Unreasonably Withheld”- Can a Landlord Just say “No”?

It is common for commercial leases to stipulate that the tenant will not assign the lease or sublet the premises without the landlord’s prior written consent.  Generally, leases also state that the landlord’s consent is “not to be unreasonably withheld.”

When the tenant requests the landlord’s consent to assign the lease or sublet the premises, the landlord may want to carefully consider the proposed tenant or subtenant.  The landlord may have legitimate concerns about the transfer.  The tenant may have legitimate concerns about remaining in the premises.  What are the parties respective rights under these circumstances?  Can a landlord just say “no”?  Can a tenant assign a sublet without consent?

This topic is addressed in Daoust Vukovich’s recent News ReLease “Can a Lanlord Just say “No”: The Meaning of “Consent Not to be Unreasonably Withheld.”