Subleasing is usually dealt with by either indicating the absolute refusal to permit subleasing without certain financial stability provisions of the subtenant being met, or a general agreement to subleasing with the landlord’s consent.Subleasing may not be high on your radar when you are considering new office space now, but in seven years when you need to move to another city, downsize or relocate to another building to accommodate your growth, a flexible and tenant friendly subleasing provision is worth gold.Consent from the landlord should at least be not unreasonably withheld.Most states statutes provide that this is the case by law, but there are many states that still permit landlords to be capricious, intractable and arbitrary.Modifying the subleasing clause is a throw away for the landlord because you maintain financial responsibility for the rent and the lease terms.Assignment, on the other hand, where the financial responsibility shifts entirely away from you, usually will have with it the specific requirement of financial stability in order to garner the landlord’s agreement. Agreement on both provisions then gives you complete control to mitigate your losses in the event that you must continue with one leasing obligation while commencing another elsewhere.
Nothing contained herein is to be considered legal advice. Always seek legal advice when evaluating any legal document
