Whelton Hiutin has successfully acted for a commercial landlord in a three and one-half day confidential arbitration hearing, regarding a commercial lease.
The issues in play were the landlord’s right to re-enter, under a commercial lease, in the face of the tenant’s assertion that the landlord had unreasonably withheld consent to a tenant name change and exterior sign.
The tenant’s assertions were rejected, and the landlord has since obtained an order to re-enter the premises.
The arbitration dealt with the test to be applied to a landlord’s rejection of a name change/exterior sign, when the lease provides that such rejection must be reasonable. Once reasonableness on the landlord’s part was established, the re-entry right was triggered.