I. Assignment and Subletting

• Library: Practical Guide to Commercial Real Estate in South Carolina (SCBar) (2012 Ed.)

I. Assignment and Subletting

An assignment of a lease for real property must be in writing.¹⁴¹ Due to the absence of a South Carolina statutory provisions and the absence of any South Carolina cases on point, it is unclear under South Carolina whether a tenant must obtain landlord's consent to an assignment of the tenant's interest in a commercial lease where the lease is silent on the issue of assignment. However, the tenant must receive the landlord's written consent to sublet tenant's interest in the leased premises.¹⁴² Without the landlord's consent, a sublease is a nullity as far as the rights of the landlord are concerned.¹⁴³ Unless specifically provided for in the lease, the landlord can arbitrarily refuse to consent to the transfer of the lease or sublet of the premises when landlord's consent is required.¹⁴⁴ Therefore, a reasonableness requirement must be included within the lease, as a matter of contract law between the parties, for such a reasonable...