Owner Can Withhold Consent to Assign

February 1, 2009
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Facts: After a tenant negotiated the sale of its lease and business to a third party, it asked the owner for consent to assign the lease. The owner refused, and the tenant sued, alleging that the owner unreasonably withheld consent. The trial court ruled in favor of the tenant, and the owner appealed.

Decision: A California appeals court reversed the trial court's decision and ruled in favor of the owner.

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