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Permitted Occupant-Space Sharing Arrangement

“Notwithstanding anything in this Lease to the contrary, if Tenant is not then in monetary or material non-monetary default hereunder beyond any applicable notice and cure periods, Tenant shall have…

Assignment & Subletting Leasing Trade Secrets and Other Truths

Part 1 Assignment & Subletting Leasing Trade Secrets and Other Truths Previous ChapterTable of ContentsNext Chapter Welcome to the ins and outs and other truths of subleasing and assignment clauses,…

Assignment & Subletting Leasing Trade Secrets and Other Truths (Part 1 of 15)

Assignment & Subletting Concerns and Provisions

Part 2 Assignment & Subletting Concerns and Provisions Previous ChapterTable of ContentsNext Chapter My leasing brethren! Here, we are going to pay homage to the classic movie Pulp Fiction! What…

Assignment & Subletting Concerns and Provisions (Part 2 of 15)

Establishing the Assignment & Subletting Playing Field: Letter of Intent (“LOI”) Provisions

Part 3 Establishing the Assignment & Subletting Playing Field: Letter of Intent (“LOI”) Provisions Previous ChapterTable of ContentsNext Chapter Welcome to Leasing Down and Dirty on assignment and subletting clauses.…

Establishing the Assignment & Subletting Playing Field: Letter of Intent Provisions (Part 3 of 15)

Restrictive Terms and Conditions within an Assignment and Subletting Clause

Part 4 Restrictive Terms and Conditions within an Assignment and Subletting Clause Previous ChapterTable of ContentsNext Chapter Welcome my leasing brothers and sisters to another version of what we sometimes…

Restrictive Terms and Conditions within an Assignment and Subletting Clause (Part 4 of 15)

Recapture and Leaseback within an Assignment and Subletting Clause

Part 5 Recapture and Leaseback within an Assignment and Subletting Clause Previous ChapterTable of ContentsNext Chapter Welcome to the Leasing Buzz! Feel free to step up to the bar of…

Recapture and Leaseback within an Assignment and Subletting Clause (Part 5 of 15)

Assignment & Subletting Conditions (Part 1 of 5)

Part 6 Assignment & Subletting Conditions (Part 1 of 5) Previous ChapterTable of ContentsNext Chapter When it comes to representing a landlord or tenant in regards to a subletting and…

Assignment & Subletting Conditions (Part A) (Part 6 of 15)

Assignment & Subletting Conditions (Part 2 of 5)

Part 7 Assignment & Subletting Conditions (Part 2 of 5) Previous ChapterTable of ContentsNext Chapter Welcome back my leasing brothers and sisters to yet another chapter of Living the Leasing…

Assignment & Subletting Conditions (Part B) (Part 7 of 15)

Assignment & Subletting Conditions (Part 3 of 5)

Part 8 Assignment & Subletting Conditions (Part 3 of 5) Previous ChapterTable of ContentsNext Chapter I’m going to try to stimulate your leasing senses by going old school and both…

Assignment & Subletting Conditions (Part C) (Part 8 of 15)

Assignment & Subletting Conditions (Part 4 of 5)

Part 9 Assignment & Subletting Conditions (Part 4 of 5) Previous ChapterTable of ContentsNext Chapter Welcome my friends to yet another chapter of Leasing Trading Secrets and Other Truths, although…

Assignment & Subletting Conditions (Part D) (Part 9 of 15)

Assignment & Subletting Conditions (Part 5 of 5)

Part 10 Assignment & Subletting Conditions (Part 5 of 5) Previous ChapterTable of ContentsNext Chapter Welcome back my friends to yet another episode of “Leasing Salvation,” which hopefully, when all…

Assignment & Subletting Conditions (Part E) (Part 10 of 15)

Assignment & Subletting: Controlling Your Existence

Part 11 Assignment & Subletting: Controlling Your Existence Previous ChapterTable of ContentsNext Chapter This now brings us to a continuing theme in this series, and that is the: Control a landlord…

Assignment & Subletting: Controlling Your Existence (Part 11 of 15)

Assignment & Subletting: Knowing Your Rights

Part 12 Assignment & Subletting: Knowing Your Rights Previous ChapterTable of ContentsNext Chapter To quote the late and great visionary Steve Jobs, “Great things in business are never done by…

Assignment & Subletting: Knowing Your Rights (Part 12 of 15)

Assignment & Subletting: Permitted Occupants and Desk Sharing

Part 13 Assignment & Subletting: Permitted Occupants and Desk Sharing Previous ChapterTable of ContentsNext Chapter Welcome my friends to yet another chapter of the Leasing Buzz, better known to some…

Assignment & Subletting: Permitted Occupants and Desk Sharing (Part 13 of 15)

Subleasing Risks & Rewards (Part 1 of 2)

Part 14 Subleasing Risks & Rewards (Part 1 of 2) Previous ChapterTable of ContentsNext Chapter Welcome my leasing amigos to the first part of what actor, writer, advocate and Oscar-winning…

Assignment & Subletting: Subleasing Risks & Rewards (Part A) (Part 14 of 15)

Subleasing Risks & Rewards (Part 2 of 2)

Part 15 Subleasing Risks & Rewards (Part 2 of 2) Previous ChapterTable of ContentsNext Chapter Paraphrasing what my friends from Guns N’ Roses would say (okay they’re not actually my…

Assignment & Subletting: Subleasing Risks & Rewards (Part B) (Part 15 of 15)

Assignment & Subletting: Leasing Trade Secrets and Other Truths

(Part 1 of 15) | 3:28 Table of Contents

Assignment & Subletting: Concerns and Provisions

(Part 2 of 15) | 4:39 Table of Contents

Establishing the Assignment & Subletting Playing Field: Letter of Intent (“LOI”) Provisions

(Part 3 of 15) | 5:36 Table of Contents

Restrictive Terms and Conditions within an Assignment and Subletting Clause

(Part 4 of 15) | 6:13 Table of Contents

Recapture and Leaseback within an Assignment and Subletting Clause

(Part 5 of 15) | 11:00 Table of Contents

Assignment & Subletting Conditions (Part A)

(Part 6 of 15) | 6:14 Table of Contents

Assignment & Subletting Conditions (Part B)

(Part 7 of 15) | 6:01 Table of Contents

Assignment & Subletting Conditions (Part C)

(Part 8 of 15) | 9:39 Table of Contents

Assignment & Subletting Conditions (Part D)

(Part 9 of 15) | 6:36 Table of Contents

Assignment & Subletting Conditions (Part E)

(Part 10 of 15) | 11:25 Table of Contents

Assignment & Subletting: Controlling Your Existence

(Part 11 of 15) | 7:44 Table of Contents

Assignment & Subletting: Knowing Your Rights

(Part 12 of 15) | 10:29 Table of Contents

Assignment & Subletting: Permitted Occupants and Desk Sharing

(Part 13 of 15) | 6:02 Table of Contents

Subleasing Risks & Rewards (Part 1 of 2)

(Part 14 of 15) | 8:11 Table of Contents

Subleasing Risks & Rewards (Part 2 of 2)

(Part 15 of 15) | 10:03 Table of Contents

Assignment & Subletting Leasing Trade Secrets and Other Truths (Part 1 of 16)

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…

Assignment & Subletting Concerns and Provisions (Part 2 of 16)

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…

Establishing the Assignment & Subletting Playing Field: Letter of Intent (“LOI”) Provisions (Part 3 of 16)

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…

Restrictive Terms and Conditions within an Assignment and Subletting Clause (Part 4 of 16)

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…

Recapture and Leaseback within an Assignment and Subletting Clause (Part 5 of 16)

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…

Assignment & Subletting Conditions (Part 6 of 16)

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…

Assignment & Subletting Conditions (Part 7 of 16)

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…

Assignment & Subletting Conditions (Part 8 of 16)

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…

Assignment & Subletting Conditions (Part 9 of 16)

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…

Assignment & Subletting Conditions and Controlling Your Existence (Parts 10 of 16)

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…

Assignment & Subletting Conditions and Controlling Your Existence (Parts 11 & 12 of 16)

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…

Assignment & Subletting: Knowing Your Rights (Part 13 of 16)

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.…

Assignment & Subletting: Permitted Occupants and Desk Sharing (Part 14 of 16)

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…

A

Abatement: The reduction or elimination of a portion of rent during the lease term. Commonly referred to as “free rent,” “rent abatement” or a “rent concession.” An abatement may be…

D

Dark Shell: See “Cold Shell.” Deed in Lieu of Foreclosure: A deed by which a borrower voluntarily gives title to real property to the bank (i.e. the mortgagee) in exchange for the…

L

Land Lease: See “Ground Lease.” Landlord Approval | Landlord Consent: A situation in which a tenant must get the permission of landlord before proceeding with its course of action. Generally, situations…

P

Partial Lien Waiver: A document executed by a contractor or subcontractor notifying not only the party making payment to the contractor or subcontractor but also to the property owner, bank,…

R

Real Estate Tax (Escalations): Provision in lease agreements where tenant agrees to pay its pro-rata share of any increase in real estate taxes on the leased property over and above a…

S

Sale-Leaseback: A real estate sales transaction in which the owner of a property sells the property to a buyer, and after the closing of title to the property, the seller…

Leasing REality’s Top 100+ Leasing Intervention™ Tips

Includes 100+ Commercial Leasing Topics Leasing REality’s Top 100+ Leasing Intervention™ Tips Download SlidesMore Slides

The Snagglepuss, Groucho Marx, The Clash & Steve McQueen Great Escape Theory

Theory #2 | 5:29 Table of Contents

Subleasing Risks & Rewards (Parts 15 & 16 of 16)

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…

Theory #2

Theory #2 The Snagglepuss, Groucho Marx, The Clash & Steve McQueen Great Escape Theory Previous ChapterTable of ContentsNext Chapter Much as one needs to have an exit strategy in life,…

Assignment & Subletting: Negotiating and Preparing a Letter of Intent (“LOI”) (Part 13)

Part 13 Assignment & Subletting: Negotiating and Preparing a Letter of Intent (“LOI”) Previous ChapterTable of ContentsNext Chapter As I have previously pointed out ad nauseam in both our 15…

Conclusion: Negotiating and Preparing a Letter of Intent (“LOI”) (Part 24)

Part 24 Conclusion: Negotiating and Preparing a Letter of Intent (“LOI”) Previous ChapterTable of ContentsNext Chapter It’s time my friends to put a wrap on our multi-part series on preparing…

The Snagglepuss, Groucho Marx, The Clash & Steve McQueen Great Escape Theory

Assignment and Subletting Letter of Intent (“LOI”) Negotiating Pointers (Part 1 of 3)

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…

Assignment and Subletting Letter of Intent (“LOI”) Negotiating Pointers (Part 2 of 3)

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…

Assignment and Subletting Letter of Intent (“LOI”) Negotiating Pointers (Part 3 of 3)

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…

Pro-Tenant Assignment & Subletting within a Letter of Intent (“LOI”)

“Tenant shall have the right to assign or sub-lease all or any portion of the Premises to a third party entity, subject to Landlord’s approval with explanation, which will not…

Pro-Tenant Space Sharing within a Letter of Intent (“LOI”)

“Subject to the terms and conditions of the Lease, on prior notice to Landlord accompanied by a certificate of insurance, without Landlord’s consent, Tenant shall have the right to permit…

Assignment & Subletting: Negotiating and Preparing a Letter of Intent (“LOI”) (Part 13)

Conclusion: Negotiating and Preparing a Letter of Intent (“LOI”) (Part 24)

The Snagglepuss, Groucho Marx, The Clash & Steve McQueen Great Escape Theory

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…

Assignment & Subletting: Negotiating and Preparing a Letter of Intent (“LOI”) (Part 13)

(Part 13 of 24) | 10:36 Table of Contents

Conclusion: Negotiating and Preparing a Letter of Intent (“LOI”) (Part 24)

(Part 24 of 24) | 9:10 Table of Contents

The Power and Impact of a Letter of Intent (“LOI”)

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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Permitted Occupant-Space Sharing Arrangement

Assignment & Subletting Leasing Trade Secrets and Other Truths

Assignment & Subletting Leasing Trade Secrets and Other Truths (Part 1 of 15)

Assignment & Subletting Concerns and Provisions

Assignment & Subletting Concerns and Provisions (Part 2 of 15)

Establishing the Assignment & Subletting Playing Field: Letter of Intent (“LOI”) Provisions

Establishing the Assignment & Subletting Playing Field: Letter of Intent Provisions (Part 3 of 15)

Restrictive Terms and Conditions within an Assignment and Subletting Clause

Restrictive Terms and Conditions within an Assignment and Subletting Clause (Part 4 of 15)

Recapture and Leaseback within an Assignment and Subletting Clause

Recapture and Leaseback within an Assignment and Subletting Clause (Part 5 of 15)

Assignment & Subletting Conditions (Part 1 of 5)

Assignment & Subletting Conditions (Part A) (Part 6 of 15)

Assignment & Subletting Conditions (Part 2 of 5)

Assignment & Subletting Conditions (Part B) (Part 7 of 15)

Assignment & Subletting Conditions (Part 3 of 5)

Assignment & Subletting Conditions (Part C) (Part 8 of 15)

Assignment & Subletting Conditions (Part 4 of 5)

Assignment & Subletting Conditions (Part D) (Part 9 of 15)

Assignment & Subletting Conditions (Part 5 of 5)

Assignment & Subletting Conditions (Part E) (Part 10 of 15)

Assignment & Subletting: Controlling Your Existence

Assignment & Subletting: Controlling Your Existence (Part 11 of 15)

Assignment & Subletting: Knowing Your Rights

Assignment & Subletting: Knowing Your Rights (Part 12 of 15)

Assignment & Subletting: Permitted Occupants and Desk Sharing

Assignment & Subletting: Permitted Occupants and Desk Sharing (Part 13 of 15)

Subleasing Risks & Rewards (Part 1 of 2)

Assignment & Subletting: Subleasing Risks & Rewards (Part A) (Part 14 of 15)

Subleasing Risks & Rewards (Part 2 of 2)

Assignment & Subletting: Subleasing Risks & Rewards (Part B) (Part 15 of 15)

Assignment & Subletting: Leasing Trade Secrets and Other Truths

Assignment & Subletting: Concerns and Provisions

Establishing the Assignment & Subletting Playing Field: Letter of Intent (“LOI”) Provisions

Restrictive Terms and Conditions within an Assignment and Subletting Clause

Recapture and Leaseback within an Assignment and Subletting Clause

Assignment & Subletting Conditions (Part A)

Assignment & Subletting Conditions (Part B)

Assignment & Subletting Conditions (Part C)

Assignment & Subletting Conditions (Part D)

Assignment & Subletting Conditions (Part E)

Assignment & Subletting: Controlling Your Existence

Assignment & Subletting: Knowing Your Rights

Assignment & Subletting: Permitted Occupants and Desk Sharing

Subleasing Risks & Rewards (Part 1 of 2)

Subleasing Risks & Rewards (Part 2 of 2)

Assignment & Subletting Leasing Trade Secrets and Other Truths (Part 1 of 16)

Assignment & Subletting Concerns and Provisions (Part 2 of 16)

Establishing the Assignment & Subletting Playing Field: Letter of Intent (“LOI”) Provisions (Part 3 of 16)

Restrictive Terms and Conditions within an Assignment and Subletting Clause (Part 4 of 16)

Recapture and Leaseback within an Assignment and Subletting Clause (Part 5 of 16)

Assignment & Subletting Conditions (Part 6 of 16)

Assignment & Subletting Conditions (Part 7 of 16)

Assignment & Subletting Conditions (Part 8 of 16)

Assignment & Subletting Conditions (Part 9 of 16)

Assignment & Subletting Conditions and Controlling Your Existence (Parts 10 of 16)

Assignment & Subletting Conditions and Controlling Your Existence (Parts 11 & 12 of 16)

Assignment & Subletting: Knowing Your Rights (Part 13 of 16)

Assignment & Subletting: Permitted Occupants and Desk Sharing (Part 14 of 16)

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Leasing REality’s Top 100+ Leasing Intervention™ Tips

The Snagglepuss, Groucho Marx, The Clash & Steve McQueen Great Escape Theory

Subleasing Risks & Rewards (Parts 15 & 16 of 16)

Theory #2

Assignment & Subletting: Negotiating and Preparing a Letter of Intent (“LOI”) (Part 13)

Conclusion: Negotiating and Preparing a Letter of Intent (“LOI”) (Part 24)

The Snagglepuss, Groucho Marx, The Clash & Steve McQueen Great Escape Theory

Assignment and Subletting Letter of Intent (“LOI”) Negotiating Pointers (Part 1 of 3)

Assignment and Subletting Letter of Intent (“LOI”) Negotiating Pointers (Part 2 of 3)

Assignment and Subletting Letter of Intent (“LOI”) Negotiating Pointers (Part 3 of 3)

Pro-Tenant Assignment & Subletting within a Letter of Intent (“LOI”)

Pro-Tenant Space Sharing within a Letter of Intent (“LOI”)

Assignment & Subletting: Negotiating and Preparing a Letter of Intent (“LOI”) (Part 13)

Conclusion: Negotiating and Preparing a Letter of Intent (“LOI”) (Part 24)