If a lease allows assignment and landlord consent has been given, what result regarding future assignments?

If a lease allows assignment and landlord consent has been given, what result regarding future assignments?

• A. The landlord's consent is considered ongoing consent for all future assignments
• B. Consent is waived for future assignments unless the lease expressly reserves the right to deny future assignments
• C. The tenant may assign freely without any consent
• D. Future assignments require a new form of consent from the tenant

Answer: (B)

When a lease allows assignment and the landlord gives consent to an assignment, the effect on future assignments depends on what the lease says about the landlord’s right to approve or deny future transfers. If the lease does not expressly reserve the right to deny future assignments, the landlord’s consent to that present assignment is treated as a waiver of the need for consent for future assignments. In other words, future assignments can proceed without new landlord consent. If, however, the lease expressly reserves the right to deny or withhold consent for future assignments, then each new assignment would require fresh landlord approval, and the waiver does not apply.

When a lease allows assignment and the landlord gives consent to an assignment, the effect on future assignments depends on what the lease says about the landlord’s right to approve or deny future transfers. If the lease does not expressly reserve the right to deny future assignments, the landlord’s consent to that present assignment is treated as a waiver of the need for consent for future assignments. In other words, future assignments can proceed without new landlord consent.

If, however, the lease expressly reserves the right to deny or withhold consent for future assignments, then each new assignment would require fresh landlord approval, and the waiver does not apply.