Looking For Office Space? Consider A Sublease

12/18/2023

Learn the ins and outs of sublease arrangements for office space, like important details, considerations, and limitations.

What is a Sublease?
A lease arrangement where a business leases a property or space within a property from an existing tenant rather than directly with the landlord.

Sublease Details for Tenants
As the subtenant, you occupy the office space (or a portion of the space) for the remaining term (or a portion of the term) of the original lease. The original tenant acts as your landlord during this time with some limitations.

Considerations
When you sign a sublease agreement you become the subleasee (or subtenant) and will be restricted by the terms of a master lease with the original tenant.

Limitations

  • No certainty beyond original lease
  • Existing use clause may prohibit your use type
  • Conflicts may exist with sublandlord use type
  • If sublandlord ceases to exist your lease is dependent on recognition agreement
  • Limited to existing conditions within space

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