Case Summary: Saunders v. Sasser, 86 Ga. App. 499 (1952)

Today we are looking at the case of Saunders v. Sasser, 86 Ga. App. 499 (1952). The appellant in this case is Saunders. The appellee is Sasser.

In this case, Saunders had leased property to a tenant with a stipulation that the lease could not be assigned without Saunders’ consent. Despite this, the tenant sold their business, including the lease, to Sasser. Saunders accepted rent payments from Sasser and allowed him to continue operating on the premises without objection until the lease term ended. When Saunders attempted to assert that the lease assignment was invalid due to lack of consent, the court held that Saunders was estopped from challenging the assignment because he had treated the lease as validly assigned by accepting rent and permitting Sasser’s occupancy.

Landlords should be cautious in their actions following unauthorized lease assignments. Accepting rent and allowing the assignee to remain can constitute implicit consent to the assignment, potentially limiting the landlord’s ability to contest it later.

Read the full decision here.