Introduction: When dealing with an assignment and subletting clause in general, if you are a tenant’s broker or attorney, be prepared to bring your “A” game to the table when…
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The following list is intended to act as a primer for both a landlord and tenant to bring their attention to many of the most important topics covered (or in…
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Introduction: Although a letter of intent (“LOI”) or term sheet is a non-binding document, it plays an integral part in setting the playing field on which the lease will be…
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Introduction: Generally stated, most leases (should) provide that a tenant should have the right to assign its lease or sublet all (or a portion) of its space, with such consent…
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Introduction: A well-crafted clause will often begin with language detailing what a landlord will need from its tenant in the event they want to assign or sublet, with a specific…
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Introduction: Landlords will often seek to include language in the assignment & subletting clause imposing significant restrictions on the ability of the tenant to effectuate a full or partial sublease…
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Landlord Control and Setting Standards Introduction: When it comes to an assignment & subletting clause, the “absolute control” that most landlords desire in determining whether the tenant may effect an…
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Introduction: The overwhelming majority of landlords feel that if anyone is going to make profit on their space, it is going to be the landlord and not the tenant. When…
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To better explain the back and forth pertaining to the divergent mindset of a landlord and tenant when it comes to who should receive the profit when it comes to…
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A Refresher on Key Assignment & Subletting Concerns and How to Address (or Not Address) Potential Rent Increases Introduction: At a minimum, landlords need to ask (and tenants need to secure…
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The Use Clause and Controlling Your Existence Introduction: From a landlord’s perspective, allowing a tenant to have a broadly defined use clause would not cast a positive shadow over a…
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Introduction: It is crucial for a leasing professional to allow its clients to know what the client can and cannot do pursuant to the terms and conditions of a lease.…
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Introduction: From a tenant’s perspective, it is critical to ensure that you have enough flexibility to deal with the many issues that may be encountered during the period of a…
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Introduction: In a sublease, generally stated subtenants would prefer: (1) below market rents; (2) pre-built office, industrial or retail space without the necessity of large capital expenditures; (3) the potential…
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The Assignment & Subletting Playing Field The assignment and subletting clause is arguably the most important clause to negotiate in a lease and although a letter of intent (“LOI”) or…
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Landlord Advocates: It would be useful to point out that a well-drafted lease provision should begin with language detailing what a landlord will need from its tenant in the event…
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Sample Pro-Tenant LOI Provisions (which fold in all or most of the foregoing leasing pointers noted in Parts 1 and 2) Subletting and Assignment “Tenant shall have the right to…
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Negotiating Theories to Succeed in Life, Marketing and Commercial Leasing (Part 2) As a tenant advocate, it is imperative that you create exit strategies for your client as early as…
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The power of the Letter of Intent (“LOI”) and the impact made by those preparing them cannot be understated. Landlord Advocates: A landlord’s mantra should be that of brevity, simplicity and…
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