Tenant Jane wishes to assign her lease to another party. Her lease agreement includes a clause that requires landlord approval for any assignment. Jane notifies her landlord of her intent to assign but does not receive a response within the time frame specified in the lease. What is Jane's best course of action regarding the lease assignment?
Wait until the landlord explicitly approves the assignment before proceeding.
Proceed with the assignment since the landlord did not respond within the specified time frame.
Terminate the lease since the landlord did not respond.
Assign the lease and charge the landlord a penalty fee for the delay.
The correct answer is that Jane may proceed with the assignment if the lease specifies a reasonable time frame and the landlord fails to respond within that period. This approach aligns with common contract principles where silence may be construed as consent after a stipulated time. Other options may incorrectly assume automatic consent or impose incorrect procedural requirements.
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What does it mean for a lease to require landlord approval for an assignment?
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What should Jane consider before proceeding with the lease assignment?