Leasing Illustrated

Sep
29
2017
Subleases are peculiar animals and the determination of whether or not to incorporate specific overlease provisions into a sublease is often open to interpretation. In today's issue, we focus on the service provisions of a sublease (e.g., the right to receive HVAC, electricity, cleaning, and similar services) and suggest ways to address the inclusion or exclusion of these provisions in a sublease.
Nov
14
2016
Tenants need to protect themselves from aberrations in their base year for operating expenses to avoid being hit with unexpected (and potentially large) escalation payments in later years. The way to do that is with a "gross-up" provision that is fair to both the tenant and the landlord. In today's issue, we focus on six issues to cover in your lease's gross-up provision.
Nov
01
2016
Generally, a tenant will have to accept some form of recapture in connection with a proposed assignment or sublease unless it has a good deal of leverage. When a landlord recaptures by subleasing back the space that the tenant intended to sublease, it presents particular challenges and risks to the tenant. In today's issue, we focus on seven issues to address with recapture subleases.
Dec
01
2015
December 2015 – Issue #47 Hello, Perhaps the toughest issue on a lease renewal is the determination of the fair market rent for the renewal term. A well-drafted lease will create an arbitration procedure that is equitable and will provide an incentive for both parties to come to terms rather than arbitrate. In this issue […]