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2022 Subtenants in Commercial Leasing: How to Protect Your Client

Total Credits: 1.2 Self Study

Practice Area:
Real Property
Audio and Video


Recording available after original program date, 10/17/2022

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

Note: This material qualifies for self-study credit only. Pursuant to Regulation 15.04.5, a lawyer may receive up to six hours of self-study credit in a reporting year. Self-study programs do not qualify for ethics, elimination of bias or Kansas credit.


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