1995.260. If a restriction on transfer of the tenant s interest in a lease requires the landlord s consent for transfer but provides no standard for giving or withholding consent, the restriction on transfer shall be construed to include an implied standard that the landlord s consent may not be unreasonably withheld. Whether the landlord s consent has been unreasonably withheld in a particular case is a question of fact on which the tenant has the burden of proof. The tenant may satisfy the burden of proof by showing that, in response to the tenant s written request for a statement of reasons for withholding consent, the landlord has failed, within a reasonable time, to state in writing a reasonable objection to the transfer.
(Added by Stats. 1989, Ch. 982, Sec. 2.)Section: Previous 1995.210 1995.220 1995.230 1995.240 1995.250 1995.260 1995.270 Next
Last modified: September 9, 2016