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PLAYBOOK TEMPLATES
Office Lease
An Office Lease establishes tenancy rights and obligations for commercial premises. This playbook analyzes rent structures, maintenance responsibilities, and default remedies.
Assignment and Subletting
Negotiation strategy
Negotiate for flexibility in assignment and subletting to accommodate business changes. Ensure that consent is not unreasonably withheld and that criteria for consent are clear and fair.
Maintain control over tenant transfers to protect property interests. Require detailed information on potential assignees and ensure conditions for consent are met.
Essential elements
1
Consent Requirement
Prior written consent needed.
2
Criteria for Assignees
Financial stability and reputation.
3
Tenant Liability
Liability post-assignment remains.
Action framework
ACCEPT
Propose edits if consent conditions are vague or overly restrictive.
EDIT
Reject if clause allows unrestricted assignments without landlord consent.
ADD
Add if clause is missing to prevent uncontrolled tenant transfers.
PRO TIP
Ensure the clause balances tenant flexibility with landlord control to protect property interests.
Real-world examples
FAVORABLE
Reasonable Consent Clause
"The Tenant shall not assign this Lease or sublet the Premises without the prior written consent of the Landlord, which consent shall not be unreasonably withheld."
NEUTRAL
Basic Consent Clause
"The Tenant may assign or sublet with Landlord's consent, subject to conditions."
UNFAVORABLE
Unrestricted Assignment
"The Tenant may assign or sublet without Landlord's consent."
Alternative scenarios & positions
High-Risk Tenants
For high-risk tenants, stricter criteria for assignees may be necessary to protect property interests.
Short-Term Leases
In short-term leases, flexibility in assignment may be more acceptable to accommodate tenant turnover.
Multi-Tenant Buildings
In multi-tenant buildings, maintaining a balanced tenant mix is crucial, requiring careful review of assignees.
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