Owner Couldn’t Withhold Consent to Assignment Just to Get Higher Rent

May 30, 2013
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Facts: The owner of a gas station leased the building used as a convenience store and the underlying lot to a tenant for a five-year term. The lease gave the owner the option of renewing the lease every five years, with a total of five additional five-year terms. There would be an increase in base rent each time the lease was renewed. The lease also contained an assignment clause providing the tenant with a right to transfer or assign the lease with the written consent of the owner “which shall not be unreasonably withheld.”

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