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?
Assign the lease and charge the landlord a penalty fee for the delay.
Proceed with the assignment since the landlord did not respond within the specified time frame.
Wait until the landlord explicitly approves the assignment before proceeding.
Terminate the lease since the landlord did not respond.
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.
Ask Bash
Bash is our AI bot, trained to help you pass your exam. AI Generated Content may display inaccurate information, always double-check anything important.
What does it mean when silence is construed as consent in contract law?
Open an interactive chat with Bash
Can a landlord unreasonably withhold consent for a lease assignment?
Open an interactive chat with Bash
What is considered a reasonable time frame for landlord approval under a lease?
Open an interactive chat with Bash
Multistate Bar Examination
Real Property
Your Score:
Report Issue
Bash, the Crucial Exams Chat Bot
AI Bot
Loading...
Loading...
Loading...
Pass with Confidence.
Bar Prep Package
You have hit the limits of our free tier, become a Premium Member today for unlimited access.
Military, Healthcare worker, Gov. employee or Teacher? See if you qualify for a Community Discount.
3 Month Pass
$299.99
$99.99/mo
One time purchase of $299.99, Does not auto-renew.
BEST DEAL
Lifetime Pass
$399.99
One time purchase, Good for life.
What You Get
All Bar Prep Package plans include the following perks and exams .