It Is Reasonable To Withhold Consent Until A Default Is Cured

One of the essential characteristics of ownership of real property is that it is alienable. Unlike a contractual interest, a general feature of real property is that it can be transferred to a new ownership. As a result, a tenant under a commercial lease is always free to assign its lease or sublet its premises, unless the lease provides otherwise. This explains why commercial leases commonly outline that the tenant is not permitted to assign the lease or sublet the premises. Often, the clause stipulates that the prohibition applies unless the tenant obtains the landlord's consent. Some provincial statutes decree that in case of a consent requirement, absent express wording to the contrary, the landlord's consent is not to be unreasonably withheld.