COPR. (C) WEST 1993, NO CLAIM TO ORIG. U.S. GOVT. WORKS 

 Douglas JULIAN, William J. Gilleland, III d/b/a The Open Hearth, Inc. 
 v. Guy D. CHRISTOPHER 
 No. 114 Sept. Term 1989 
 Court of Appeals of Maryland 
 June 29, 1990 

 When tenants subleased portion of property without landlord's written permission despite "silent consent" clause in lease, landlord filed action requesting repossession.  The District Court granted judgment in favor of landlord, and appeal was taken.  The Circuit Court, Baltimore City, Thomas Ward, J., affirmed.  On grant of certiorari, the Court of Appeals, Chasanow,  J., held that for leases entered into after mandate in this case, if lease contains "silent consent" clause providing that tenant must obtain landlord's consent in order to assign or sublease, such consent may not be unreasonably withheld. Reversed and remanded with directions. 

[1] LANDLORD AND TENANT k75(3) 233k75(3)   Absent some specific restriction in lease, lessee has right to freely alienate leasehold interest by assignment or sublease without obtaining permission of lessor. 

[2] LANDLORD AND TENANT k76(1) 233k76(1)   Contractual restrictions on alienability of leasehold interests are permitted. 

[3] LANDLORD AND TENANT k76(1) 233k76(1)   If clause in lease is susceptible of two interpretations, public policy favors interpretation least restrictive of right to alienate freely. 

[4] LANDLORD AND TENANT k76(3) 233k76(3)   For leases entered into after mandate of this case, if lease contains "silent consent" clause providing that tenant must obtain landlord's consent in order to assign or sublease, such consent may not be unreasonably withheld; reasonable objections could include financial irresponsibility or instability  of transferee, or unsuitability or incompatibility of intended use of property by transferee;  overruling Jacobs v. Klawans, 225 Md. 147, 169 A.2d 677. 

[5] COURTS k100(1) 106k100(1)   Overruling of prior precedent prospectively is particularly appropriate when court is dealing with decisions involving contract law;  courts must protect individual's right to rely on existing law when contracting. 

[6] COURTS k100(1) 106k100(1)   Tenants who successfully argued that under "silent consent" clause in lease which required them to obtain landlord's consent in order to assign or sublease, landlord could not unreasonably withhold consent, resulting in overruling of prior precedent, were entitled to have new rule applied to their case, though rule would not be applied to other leases entered into prior to  date of decision, as long as interpretation would not be unfair to landlord; tenants were entitled to reward for challenging infirm doctrine and seeking reversal of unsound precedent.