LAW 516-001 – Property II

Silent Consent Clause


A silent consent clause is a clause in a lease that prohibits assignments or subleases without the consent of the landlord, yet is silent as to the standard on which this could be done.

Traditionally, these have allowed the landlord to withhold consent for any reason whatsoever, but a growing minority restricts the landlord to what is commercially reasonable.

Simply withholding consent to obtain an increase in rent is not a reasonable reason unless the landlord experiences some increase in cost.

Julian.