1.24.090 Transferability; Assignment of Interest

(a) Unless specifically permitted by a written lease, no interest in any tenancy may be transferred or assigned by any tenant to any one else, unless the landlord specifically consents.

(b) Effect of transfer on liability or transferor. In the absence of an express release or a contrary provision in the lease, transfer or consent to transfer does not relieve the transferring party of his contractual obligations under the lease, except in the special situation governed by Section. 124.16(e).

(c) Covenants Which Apply to Transferee. All covenants and provisions in a lease which are not either expressly or by necessary implication personal to the original parties are enforceable by or against the successors in interest of any party to the lease. However, a successor in interest is liable in damages, or entitled to recover damages, only for a breach which occurs during the period when such successor holds his interest, unless he has by contract assumed greater liability; a personal representative may also recover damages for a breach for which his decedent could have recovered.

(d) Same Procedural Remedies. The remedies available between the original landlord and tenant are also available to or against any successor in interest to either party.

(e) Consent as Affecting Subsequent Transfers. If a lease restricts transfer, consent to a transfer or waiver of a breach of the restriction is not a consent or waiver as to any subsequent transfers.