Don't Allow Consent to Be Unreasonably Delayed

February 27, 2013
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Make sure that the owner’s consent to changes that you’re entitled to make under the lease is not unreasonably withheld, conditioned, or delayed. Whether an owner has an obligation to be reasonable in granting or withholding consent is state specific. So, if you want to ensure that the owner is reasonable, you should require it to do so in your lease provisions. At the least, try to negotiate “which consent shall not be reasonably withheld.” Better yet, say “which consent shall not be unreasonably withheld, conditioned, or delayed.”

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