Can you assign the space you are leasing in a mall if the contract specifies that a space cannot be assigned without the mall's consent? 8 Answers as of March 08, 2013

You are a designer of children’s clothing and decided to open a children’s clothing store. You find a nice space in a local mall and agree to sign a one-year lease agreement that runs from September 1 to August 31. The lease agreement specifies that the lease cannot be assigned without the mall’s consent. In late May, you decide that this space is not attracting enough customers, so you decide to assign the balance of your lease to another store who owns a candle shop. The mall objects to the assignment and denies the other store access to the space. You are certain that the other store is financially sound and should be allowed the full rights and privileges of an assignee. Is the mall correct?

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Durham Jones & Pinegar | Erven Nelson
The contract governs, so you can't assign without the landlord's consent. However, it may be a defense if you move out and the Landlord sues you for rent.
Answer Applies to: Nevada
Replied: 3/8/2013
William A. Siebert
William A. Siebert | William A. Siebert
Yes, the mall is correct.
Answer Applies to: Michigan
Replied: 3/7/2013
Reger Rizzo & Darnall LLP | Kathleen DeLacy
No if it is non-assignable.
Answer Applies to: Delaware
Replied: 3/7/2013
Winnick Ruben Hoffnung Peabody & Mendel, LLC | Daniel N. Hoffnung
No.
Answer Applies to: Connecticut
Replied: 3/7/2013
Heinly, Benson, Killian & Kramer, An Association of Attorneys Not a Partnership
Heinly, Benson, Killian & Kramer, An Association of Attorneys Not a Partnership | Valerie L Kramer
If you did not seek permission from the mall at all, then the mall is entirely within its rights. However, if you sought permission and the mall unreasonably denied permission to assign, you may have recourse. The problem then becomes one of proving that they refused ?unreasonably.? You have not provided sufficient facts to determine reasonableness. There is also the question of theory versus reality. In theory, they must act reasonably in deciding whether to grant permission for the assignment. In reality, however, proving that they did not could be a very expensive process, possibly entailing a lawsuit. Additional facts are required from both you and the candle store owner to determine each of your rights.
Answer Applies to: California
Replied: 3/7/2013
    Law Offices of Mark West
    Law Offices of Mark West | Mark West
    Is there another candle shop in the mall? There may be an anti competition clause in the lease with the other store. Generally speaking clauses like the one you are talking about in your lease, about assigning or subletting include the phrase the mall will not unreasonably withhold permission to sublet. You should ask for a written explanation as to why they are denying the sublease.
    Answer Applies to: California
    Replied: 3/7/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    The lease says no, so unless the landlord agrees, no, you cannot assign the space.
    Answer Applies to: Idaho
    Replied: 3/7/2013
    Matthew Kreutzer | Matthew Kreutzer
    If the lease specifies that it cannot be assigned without the landlord's consent, then it cannot be assigned without the landlord's consent. That being said, the landlord does have an obligation to act in good faith, unless the lease specifically disclaims that obligation.
    Answer Applies to: Nevada
    Replied: 3/7/2013
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