In New York, the tenant's contractual lease terms will detemine whether she is permitted to sublet or assign the property. Many leases contain an express provision that allows a commercial tenant to sublease or assign her interest to another party with the landlord's consent. In other situations the landlord's consent is not required. Examine the lease closely to see whether the landlord's approval must first be obtained before subleasing or assigning the property.
If the commercial lease states the landlord's consent is required, the landlord has the absolute right to prohibit subleasing or assignments by the tenants. The landlord can refuse to allow the sublease or assignment regardless of whether their actions are reasonable or unreasonable.
In response to this, many commercial leases specifically state that the landlord's consent to sublease or assign the commercial property cannot be unreasonably withheld. In this situation, the landlord may withhold their consent only if there is a reasonable commercial objection to the sublease or assignment.
If there is no express provision regarding a landlord's consent in a commercial lease, and the landlord chooses not to bargain with tenants to allow for sublease or assignment rights, then a tenant is prohibited from subletting or assigning during the lease term.
A New York commercial lawyer can provide you more information if there is a legal basis for your issue. For more local legal information, please see these pages:
Last Modified: 04-23-2018 07:42 PM PDTLaw Library Disclaimer
We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.