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The Leasing Hotline
Landlord's Consent for a Sublease Unreasonably Withheld
Where a landlord withholds consent for a sublease, the landlord must demonstrate that the withholding was not unreasonable. Buck Consultants, Inc. v. Glenpointe Associates v. Mellon Financial Corporation, No. 05-4685, U.S. Court of Appeals for the Third Circuit, Feb. 9, 2007.
The landlord leased space to PricewaterhouseCoopers, which as-signed the lease to Buck. Under the terms of the lease, Buck was not permitted to assign or sublease the space without the consent of the landlord, but the lease required that such consent may not be unreasonably withheld. Meanwhile, the landlord entered into a separate lease with another tenant, Eisai. After leasing its initial space, Eisai sought to lease more space from the landlord. However, when Eisai did not like the terms of the offer of the additional space, Eisai began to negotiate with Buck to sublease its space. Upon learning of the negotiations between Eisai and Buck, the landlord attempted to make additional proposals to Eisai, which were rejected by Eisai. Eisai and Buck eventually agreed on terms of a sublease. However, the landlord provided Buck with a written notice of its refusal to consent to the sublease.
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