$79.00
Subleasing and assignments are essential instruments for tenants to reduce the size and cost of their space as their needs change. Landlords (and their lenders) often disfavor subleases and assignments because they might lose control of who occupies the space. Subleases come in a variety of forms, all of which need to conform to the provisions of the master lease. Because of this, subleases can quickly become wildly complex, and have the potential to give rise to multiple levels of friction and possibly litigation. This program will provide you with a practical guide to the types of subleases and assignments, key issues for landlords, tenants, and subtenants, and drafting tips
Day 1 :
Subleasing v. assignments – when is each used or allowed?
Types of subleases – no reference to master leases, reference by incorporation, custom subleases
Standards of “reasonableness” in obtaining landlord consent to assignment or sublease
Identifying and mitigating risks to tenants and subtenants in subleasing
Landlord and lender concerns in subleases and methods to address
Day 2 :
Space recapture, profit sharing, and other landlord remedies
Restrictions on use in subleases and subtenant risks
Non-disturbance agreements with landlord and lender
Subtenant remedies when tenant defaults on master lease
Most important provisions of lease assignments
Speaker:
Michael P. Williams is a partner in the Denver, Colorado office of Senn Visciano Canges, P.C., where he has extensive experience in commercial leasing and tenant relations, acquisition and disposition of office, industrial, retail and multi-family properties, representing real estate professionals in disputes before their boards or in litigation, and advising homeowner associations. He also assists lenders in pre-foreclosure workouts, foreclosures, loan modifications and servicing REO property needs. He is a member of the banking law subcommittee of the ABA’s Business Law Section. Mr. Williams received his B.A. from Colorado State University and his J.D. from the University of Denver College of Law.
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