Traps To Avoid When Negotiating A Commercial Sublease

Sometimes leasing space from another tenant (subleasing) may appear to be a more advantageous business decision in terms of price, location and size compared with leasing the space directly from the property owner. However, a commercial sublease actually triggers a variety of legal issues simply not present in a direct lease. This therefore leads to the misperception that negotiating and drafting a sublease is easier and quicker than negotiating and drafting a new lease. In reality, it is actually the opposite – subleases will most often be more difficult and time consuming (and possibly involve much higher legal fees) to draft. Therefore, a party considering a subtenant transaction must not only consider all the potential legal risks involved, but also engage in specific due diligence before moving forward.