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Generally stated, virtually all commercial landlords feel that it is their right to (a) receive all or the majority of rental profits from the space it leases to a tenant, and (b) control the “tenant mix” (i.e., who will occupy space in its building).
It is important for a landlord to insert language into its initial lease draft which allows a landlord the right to recapture and/or leaseback a tenant’s space if and when a tenant requests to assign its lease or sublease its space.
Subject to previously agreed upon terms and conditions, tenants should attempt to secure the right to a partial sublet (i.e., a desk sharing arrangement for up to 20% or more of the tenant’s space) without the landlord’s prior consent.