Lease: Assignment or Subletting Clauses? | ScriptaLegal
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Frequently asked questions > Commercial lease > The rights and obligations of each > What are the usual clauses, in relation to the assignment or subletting of his rights in a lease?

What are the usual clauses, in relation to the assignment or subletting of his rights in a lease?

The commercial leases, generally, mention:

  • that in the event of assignment or subletting, the lessee always remains responsible and submitted to the obligations of the lease;
  • that the lessee cannot assign nor sublet without the written consent of the lessor who cannot refuse without reasonable motives. The courts have, repeatedly, ruled that the lessor has to motivate his refusal.
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We often found in the commercial leases a clause to the effect that, if the control of the business of the lessee changes, the written authorization of the lessor will have to be obtained since this is equivalent to an assignment or a sublease.

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