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Buying & Selling a Business

What if my landlord already gave verbal approval but won't put it in writing?

TSL Written by the Treadstone Law team· Updated August 2026

Don't close on the strength of a verbal approval alone. Most commercial leases require consent to assignment to be given in a particular form, and even where they don't say so explicitly, relying on an oral promise leaves you exposed if the landlord later denies having agreed, changes their mind, or disputes exactly what was approved. A landlord who is genuinely willing to consent generally has little reason to refuse putting it in writing — reluctance to document an approval they claim to have already given is itself a warning sign.

If your landlord is dragging their feet on documentation after apparently agreeing verbally, follow up in writing yourself, summarizing what was discussed and asking for written confirmation by a specific date. This creates a record even if the landlord doesn't respond, and it makes clear you didn't simply proceed on an unconfirmed assumption.

Proceeding to close without documented consent risks the same exposure as never asking at all — remaining on the hook to the landlord despite believing the deal was approved. A Treadstone business lawyer can press for proper written confirmation before you let the sale close.

Key takeaways

  • Verbal approval alone is not a safe basis to close a lease assignment.
  • A landlord's reluctance to document a claimed verbal approval is itself a red flag.
  • Follow up in writing to create a record, even if the landlord doesn't respond.
  • Closing without documented consent carries the same risk as never having asked at all.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone business lawyer can help.
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