Commercial—Landlord-Tenant—Tenant Sued Landlord for Failure to Consent to Assignment—Tenant Did Not Need Landlord’s Consent—Landlord Was Entitled to Ask for “Key Money” or Other Consideration, Since Proposed Assignees Asked for Additional Concessions, Amendments or Extensions of the Lease— Implied Covenant of Good Faith and Fair Dealing Did Not Obligate the Landlord to Change Terms of the Lease
The plaintiff commercial tenant operated a diner. It had commenced an action against its landlord, seeking damages for breach of contract. The plaintiff had built the diner and operated it at the site for approximately 30 years. The lease vested the tenant with the right to assign or sublet the lease without the landlord’s consent, on the condition that the assignment provided for the assumption by any assignee of all the terms and conditions of the lease.
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