Image of 2020 Subtenants in Commercial Leasing: How to Protect Your Client
Advanced CLE

2020 Subtenants in Commercial Leasing: How to Protect Your Client


Total Credits: 1.2 MCLE, 0.0 Kansas Credit

Practice Area:
Real Property
License:
Access for 1 year(s) after program date.


Description

Subleases are by their very nature filled with substantial risk.  A sub-tenant agrees to take space – office, retail, or industrial – from a sub-landlord, pay the sub-landlord rent, and perform certain services. But without between the sub-tenant and the senior landlord, the sub-tenant has no rights to assert against the senior landlord even though the sub-tenant’s use of the space may depend on the actions of the senior landlord.  This sub-tenant is also at substantial risk of losing the space if either the senior or sub-landlord goes bankrupt. The relationship of these parties is highly complex. This program will provide you with a practical guide protecting subtenants in leasing.

  • Counseling sub-tenant clients about the range of risks in subleases
  • How to read master leases to spot red flags for tenants
  • Types of subleases – what works for bigger/smaller clients and spaces?
  • Identifying master lease’s control of subleasing and sublease terms
  • Master lease money provisions, use restrictions, attornment provisions, and termination
  • Determining whether sublease risks outweigh the benefits

Materials

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