Landlord and Tenant Rights and Responsibilities

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).

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QUESTIONS

  • 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.

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