Week 2 - LL- Tenant (Class 9/3/24) Flashcards
Smart LL would include a provision stating: “subleases and assignments are __________________________________.”
only permitted with the LL’s prior written consent.
Smart LL would include a provision stating: “________ and __________ are only permitted with the LL’s prior written consent.
subleases and assignments
Smart T would add to that and say “such consent _____ _______ _______ __________ __________”
will not be unreasonably withheld
Smart T would add to that and say “_____ ______ will not be ________ __________”
such consent
unreasonably withheld
I hadn’t slept very well and you ask me as my tenant if you can assign your lease to someone, I say no because I had a headache. The majority rule says the LL can ________ _____ _____ because they want to unless there is a lease provision that protects the tenant.
just say no
I hadn’t slept very well and you ask me as my tenant if you can assign your lease to someone, I say no because I had a headache. The majority rule says the LL can just say no because they want to unless ______ _______ ______ ______ __________ _______ _______ ______ _____.
there is a lease provision that protects the tenant.
The majority rule says that the LL can just say no because they want to unless there is a ________ _________ that protects the _______.
lease provision
tenant
The ___________ rule says the LL can say no for any reason.
majority
The majority rule says the LL can say no for _____ ______.
any reason
The majority rule says the LL can say no for any reason. The minority rule says the LL must have a _______ _________ ________ to the transfer.
commercially reasonable objection
Commercially reasonable objections. How many are there?
4
Commercially reasonable objections:
1. ?
2.
3.
4.
- Financial responsibility of the proposed assignee
Commercially reasonable objections:
1.
2. ?
3.
4.
- Suitability of the use for the particular property
Commercially reasonable objections:
1.
2.
3. ?
4.
- Legality of the proposed use
Commercially reasonable objections:
1.
2.
3.
4. ?
- need for alteration of the premises and nature of the occupancy
“Whether the use would require alterations to the property.”
Are you going to change the property so much that it is going to damage the property?
Commercially reasonable objections:
1.
2.
3.
4.
- financial responsibility of the proposed assignee
- suitability of the use for the particular property
- legality of the proposed use
- need for alteration of the premises and nature of the occupancy
Kendall Jurisdiction = ___________ view
minority
Kendall Jurisdiction is a minority view jurisdiction which means what?
That commercial reasonability is the standard which means that the LL can’t just say no because they have a headache.
Kendall Jurisdiction is a minority view jurisdiction which means that __________ ___________ is the standard which means that the LL can’t just say no because they have a headache.
commercial reasonability
Kendall did not apply to ___________ _______, it only applied to _________ ___________.
residential leases
commercial leases
Kendall did not apply to residential leases, it only applied to commercial leases (which makes sense because it is a _________ __________ standard.)
commercial reasonability
Kendall (Minority Rule) only applies in ____________ contexts.
commercial
Where a lease provides for assignment only with the prior consent of the LL, such consent may be withheld only where the Lessor has a commercially reasonable objection to the assignment, even in the absence of a provision in the lease stating that consent to assignment will not be unreasonably withheld. THIS IS THE ___________ _________.
Minority Rule
Where a lease provides for assignment only with the prior consent of the LL, such consent may be withheld only where the Lessor has a ___________ ___________ objection to the assignment, even in the absence of a provision in the lease stating that consent to assignment will not be unreasonably withheld. THIS IS THE MINORITY RULE.
commercially reasonable
