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  1. #1
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    Default Landlord Refuses to Consent to Assignment of Lease

    My question involves business law in the state of TEXAS...
    I am asignee..i ask Her ( landlord lease manager ) to asign all of my premises of my lease to some one else,,she refuse to do that unless she got permission from asignor..i have read the lease its only say i need landlord consent to asign my lease...

  2. #2
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    Default Re: Landlord Refuses to Consent to Assignment of Lease

    If the lease was fully assigned, such that you have completely stepped into the shoes of the original lessee, then you would be in a position to assert that the original tenant's position is not relevant. If, on the other hand, the original tenant remains obligated under the lease and will have to pay the rent if you default, that would explain the landlord's concern.

  3. #3
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    Default Re: Landlord Refuses to Consent to Assignment of Lease

    Quote Quoting Danglee
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    My question involves business law in the state of TEXAS...
    I am asignee..i ask Her ( landlord lease manager ) to asign all of my premises of my lease to some one else,,she refuse to do that unless she got permission from asignor..i have read the lease its only say i need landlord consent to asign my lease...
    If you are assigning YOUR lease to someone else you are the assignor not the assignee.

    And, yes, your lease says that you need the consent of the landlord to assign the lease but all that's doing is giving her the option of consenting, it's not obligating her to do so.

    Did she give you a reason for not consenting?

    Is this a commercial or residential lease?

  4. #4
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    Default Re: Landlord Refuses to Consent to Assignment of Lease

    Quote Quoting adjusterjack
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    If you are assigning YOUR lease to someone else you are the assignor not the assignee.
    My interpretation: The OP is the assignee under a prior assignment, and now wants to assign the lease to yet another tenant.

  5. #5
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    Default Re: Landlord Refuses to Consent to Assignment of Lease

    Its a commercial lease..the asignor has fully transfer all of his interest premises on the lease to me...right now i am pay rent direct to the landlord..

    - - - Updated - - -

    The assignor is still under liabilities of the lease if i am not pay rent to the landlord so the land lord can find him pay for that...

    - - - Updated - - -

    Here is my lease going..
    A is original lease tenant..
    A become Assignor after transfer to B called assignee and document called Assignment Of Lease

    B become assignor after transfer to C ( its me )called assignee document called Second Assignment Of Lease...when i sign the lease whit B there is no A in there..only B and C and Landlord + withness..

    Now C want to transfer to D..landlord refuse to do the same befor like A to B and B to C ...her Need A and B.C.D have to be there face to face and grand permission to asign..

    Note: after i signed the lease with B..the building is sold to the new owner and this lease manager is the new agent of the new owner of the building..

  6. #6
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    Default Re: Landlord Refuses to Consent to Assignment of Lease

    I get it.

    The former landlord allowed A to assign to B and B to assign to C (you) and did not relieve A and/or B of any further obligations.

    The current owner and manager is imposing conditions on allowing the assignment from C (you) to D. Which is not the same as "refusing to consent." Was your subject line intentionally misleading?

    It's possible that, since A and/or B are still obligated on the initial lease that the current landlord wants them to be present to agree to continue their obligations when D takes over the lease.

    Did you ask why he wants A, B, C, and D all together?

    What did he say was the reason?

    Unfortunately, there is nothing in the Texas landlord tenant statute that compels the landlord to be "reasonable" in imposing conditions or withholding consent.

    However, the statute prohibits you from subletting without the consent of the landlord. See 91.005:

    http://law.justia.com/codes/texas/20...-8/chapter-91/

    Even if you were willing to be a guarantor of your assignee's obligations, the landlord could still say no.

    Have you offered to be a guarantor of your assignee's obligations? Or don't you want to?

  7. #7
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    Default Re: Landlord Refuses to Consent to Assignment of Lease

    I did everything..she still say there is no assignment in you can not find A and B present in the office..only sublease..but D he want assigmnet like A,B,c

    - - - Updated - - -

    The reason is she want all tenant in the office for permission from A,B to alow assignment and release clam of deposit..

  8. #8
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    Default Re: Landlord Refuses to Consent to Assignment of Lease

    Quote Quoting Danglee
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    I did everything..she still say there is no assignment in you can not find A and B present in the office..only sublease..but D he want assigmnet like A,B,c

    The reason is she want all tenant in the office for permission from A,B to alow assignment and release clam of deposit..
    Then you didn't do "everything."

    You still need to get A and B to release the claim of deposit.

    Although they might not agree unless their own liability is also released.

    They also might not want to give up the deposit under any circumstances.

    Looks like you've got some real trouble there.

  9. #9
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    Default Re: Landlord Refuses to Consent to Assignment of Lease

    If i can find tenant A&B that is easy..address + phone they all change..dont know where they are now..i stil dont even know the face of A tenant..the perior landlord is very easy..i can even change the term of the lease with out tenant A in there..

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    What can you advise me to do..?the business is low..i think i can only pay rent 2 more month..if this lease can not be done i think have to break the lease..

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