questions & answers
Question: Can my landlord unreasonably deny consent to assign my lease? The lease states it is not allowed without consent but does not state whether landlord can unreasonably deny.
Answer: If the rental agreement does not expressly state that assignment is prohibited – or (as in this case) expressly states that assignment is only permitted with the consent of the landlord – then Arizona case law holds that the landlord must consent to the assignment unless the landlord has a good reason not to (for example if the landlord has a justified concern that the prospective new tenant to whom the lease would be assigned is likely not to pay the rent and/or violate the rental agreement in other ways). The landlord must exercise the landlord’s rights in a reasonable manner and in good faith (A.R.S. 33-1311).
Can my landlord unreasonably deny consent to assign my lease? The lease states it is not allowed without consent but does not state whether landlord can unreasonably deny.
- Please select your county of residence below.
State Bar of Arizona
Maricopa County Bar
Referral number 602-257-4434
Pima County Bar
Referral number 520-623-4625
National Domestic Violence Hotline
Bankruptcy Court Self Help Center
Certified Legal Document Preparer Program
Generic versions of the drug Cialis, sold as tadalafil, now available from many manufacturers.