This office lease form contains a contractual right in the transfer clause for the landlord to withhold its consent for specific situations not usually prohibited under the reasonableness standard. The tenant shall neither assign the lease nor sublet all or a portion of the demised premises without the landlord's prior written consent. This form outlines the specific situation where the landlord may withhold such consent.
Nebraska Transfer Clause Containing a contractual Right for the Landlord to Withhold Consent
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Multi-State
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US-OL21013
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How to fill out Transfer Clause Containing A Contractual Right For The Landlord To Withhold Consent?
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FAQ
No party given the right to approve or consent to any matter shall unreasonably withhold condition or delay its approval or consent.
Withheld Unreasonably means, with respect to any Person withholding a specific consent, that such withholding is unreasonable, viewed from the perspective of such Person taking into account such factors relating to such Person's fiduciary duties, the nature of such Person's business operations and circumstances.
The original tenant cannot assign more rights than it has under the original lease. For example, if the term of the lease is 1 year, the term of the assignment cannot be 2 years. Most leases will require the landlord's written consent before an assignment becomes effective.
Required Notice before Entry: One-day notice is required and the landlord may only enter at reasonable times. § 76-1423(1) Entry Allowed with Notice for Maintenance and Repairs (non-emergency): Yes. § 76-1423(1).
Whenever either Party requests any consent, permission, or approval which may be required or desired by that Party pursuant to the provisions of this Agreement, the other Party shall not unreasonably withhold or postpone the grant of such consent, permission, or approval.
The phrase is typically used in assignment clauses: No Party may assign rights or obligations of this Agreement without the consent of the other Party, which consent shall not unreasonably be withheld or delayed.
Withholding Rent/Repair and Deduct: If a landlord in Nebraska fails to supply essential services, the tenant may give written notice of the breach and either recover damages, find reasonable substitute housing, or procure reasonable amounts of the service and deduct the cost from rent (Neb. Stat. § 76-1427(1)).
: to refrain from granting, giving, or allowing. withhold permission.
