1. Law and the Impact on Business Leases
You are a skateboard designer and decide to open a shop. You find a “perfect space” in a local mall and agree to sign a one-year lease agreement that runs from January 1 through December 31. The lease agreement specifies that the lease cannot be assigned without the mall’s consent. In late June, you decide that this space is not attracting enough customers, so you decide to assign the balance of your lease to Jennifer Beeswax, who owns a candle shop. The mall objects to the assignment and denies Beeswax access to the space. You are certain that Beeswax is financially sound and should be allowed the full rights and privileges of an assignee. Fully discuss whether you or the mall is correct.
Justify your answer using information from your Reading and be sure to A. Discuss fully the elements of assignment.
There is a written one year lease. In this lease it has been stated that the tenant may not assign without the consent of the mall. If Beeswax can be proven that is financially sound. I could try and litigate that the mall is being unreasonable to this assignment. However since in most states the landlord has the right to deny the assignment for no reason this would probably be pointless. There is nothing in the lease agreement to state that the landlord must be reasonable, which maybe I should have made sure was in there before I signed the lease. Although with this new trend I still may be able to show that the mall is being unreasonable to the assignment. There was an offer made and I accepted it by signing the lease agreement. There is also an explicit convent that states assignment is not ok without mall’s consent. Another element is my right as a tenant to be able to alienability my interest in the property. B. Consider RCW 62A.2A when examining whether rights can be assigned if prohibited in a lease contract. According to RCW 62A.9A-407 not only can I not assign the lease it is also a breach of...
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