What are a tenant’s rights if their Landlord does not reply to request for permission to put up a sign?

We want to put up a sign for my business, and the lease says that requires the landlord’s permission. The landlord has not replied to our new sign application after a year, does this violate the contract? Can I put up the sign anyway? Can I break the lease? Is there any legal action we can take? We sent and ask the request more than 7 times to the owner for approval yet they did not say yes or not. We still waiting.

Asked on July 16, 2010 under Real Estate Law, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You have been more than patient with this matter.  But you really need someone to read the lease and understand the law in your area and see if this can be classified as unreasonably withholding consent and a violation of the lease in allowing you to advertise your business.  Breaking the lease without consulting an attorney is not a good idea at all.  You can be held libel for extensive damages under a commercial lease if that is what you have and it is fairly standard.  An attorney will be able to let you know what our options are and sometimes just an "official" letter may prompt your landlord to action after all.  Good luck.  


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