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PLAYBOOK TEMPLATES
Real Estate Purchase Agreement
A Real Estate Purchase Agreement governs the sale and transfer of property ownership between buyer and seller. This playbook covers due diligence, contingencies, and closing mechanics.
Assignment and Subletting
Negotiation strategy
Negotiate for flexibility in assignment and subletting to accommodate business changes. Ensure consent is not unreasonably withheld and includes a clear response timeframe.
Maintain control over the property by setting reasonable conditions for consent. Require evidence of financial stability and compliance with use restrictions.
Essential elements
1
Consent Requirement
Landlord's prior written consent needed.
2
Response Timeframe
Landlord must respond within 10 days.
3
Reasonable Grounds
Consent based on fair criteria.
Action framework
ACCEPT
Propose edits if consent conditions are too restrictive or lack clarity.
EDIT
Reject if the clause unreasonably limits tenant's business operations.
ADD
Add language to specify consent procedures and criteria.
PRO TIP
Ensure the clause includes a deemed consent provision if the landlord fails to respond timely.
Real-world examples
FAVORABLE
Preferred Assignment and Subletting Clause
"The Tenant shall have the right to assign this Lease or sublet the Premises, in whole or in part, subject to the prior written consent of the Landlord, which consent shall not be unreasonably withheld, conditioned, or delayed. The Landlord shall respond to any request for consent within ten (10) business days of receipt of the Tenant's written request. If the Landlord fails to respond within such period, consent shall be deemed granted."
NEUTRAL
Fallback Assignment and Subletting Clause
"The Tenant shall have the right to assign this Lease or sublet the Premises, subject to the prior written consent of the Landlord, which consent shall not be unreasonably withheld. The Landlord shall respond to any request for consent within fifteen (15) business days."
UNFAVORABLE
Restrictive Assignment Clause
"The Tenant may not assign or sublet the Premises without the Landlord's absolute discretion consent."
Alternative scenarios & positions
High-Risk Projects
In high-risk projects, landlords may require more stringent financial checks and use restrictions to mitigate potential risks associated with new occupants.
Short-Term Leases
For short-term leases, tenants may negotiate for more lenient subletting terms to quickly adapt to changing business needs.
Multi-Tenant Buildings
In multi-tenant buildings, landlords might impose stricter use restrictions to ensure compatibility with existing tenants and maintain property standards.
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WEEK 2
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WEEK 3
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WEEK 4
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