Kendall v. Ernest Pestana, Inc.
Supreme Court of California, 1985
709 P.2d 837
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Brief Fact Summary
Lessee contracted to assign his lease. According to the terms of the lease he contacted the defendant, the successor in interest to the lessor, to gain approval prior to the assignment. The defendant demanded an increased rent before he would approve the assignment. The plaintiff then sued.
Rule of Law and Holding
Where a commercial lease provides for assignment only with the prior consent of the lessor, such consent may be withheld only where the lessor has a commercially reasonable objection to the assignee or the proposed use.
Topics
Landlord/Tenant
Subtopics
Subleases and Assignments
This case is in these books
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Property
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Dukeminier, Krier, Alexander, Schill
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6th Edition
- Property
- Dukeminier, Krier, Alexander, Schill
- 6th Edition