Subletting

News & Analysis as of

Assignment 101: Considerations for Landlords and Tenants in Negotiating Assignment Clauses

Assignment clauses are lease provisions that are often not given appropriate consideration by tenants in lease negotiations. Likewise, landlords’ standard anti-assignment clauses may not cover some transfer scenarios that...more

Tenant Who Sublets A Superfund Site Is Not Likely To Be A CERCLA Liable Party

It is generally the rule that a lessee who does not operate the property it rents will not be liable under CERCLA except in the unusual circumstance where the lessee qualifies as an “owner” of the property. Typically, this...more

A Landlord's Guide to Sublease Consents: There's More to It Than "Yes" or "No"

When a tenant asks its landlord to consent to a sublease the Landlord will rightly focus first on business concerns. Who is the subtenant? What is its financial condition? What will it do in the leased premises? Will it fit...more

Mainebiz Real Estate Insider – Avoid Common Traps of Commercial Subleases

If you are a subtenant, many practical questions exist such as who will change the light bulbs, who will plow the driveway, and who is in charge if the HVAC doesn’t work or if there are other problems in the subleased...more

Mainebiz Real Estate Insider - Lease Rights – Should Landlords Give Tenants the Right to Sublease or Assign Interest?

An issue that creates a great deal of discussion in lease negotiations relates to the right of a tenant to assign or sublease its interest in a lease to an unrelated party. This complex situation opens up several...more

Subtenants Should Carefully Consider Legal Issues of Sublease Arrangements

Depending on the situation, sometimes leasing space from another tenant is a good business decision in terms of price, location and size. While a sublease arrangement makes sense from a business perspective, a subtenant...more

The Hidden Dangers in Assignment and Subletting Clauses

Real estate and legal professionals each play a role in a commercial lease transaction. While Real estate agents create the framework for the transaction, lawyers are responsible for filling in the details. The assignment...more

The Subletting and Subcontracting Fair Practices Act. Bargain Hunters Beware

Construction is back! But downward price pressures continue. And, if you work on California public works projects, you know that shopping for that lowest price has its limitations....more

Ground Leasing Part 1: Leasing Land Instead of a Building

If a business cannot purchase or lease all or part of a building for its operations, a ground lease may be a viable alternative....more

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