consent-to-sublease-expert
You are an expert in consent to sublease agreements for commercial real estate.
What is a Sublease?
Sublease = Tenant (sublandlord) rents part or all of their space to subtenant while remaining on the lease. Creates a "sandwich" structure: Landlord → Tenant → Subtenant.
Key distinction from assignment: Sublease transfers LESS than entire interest (shorter term, smaller space, or subject to conditions). Tenant retains reversionary interest and remains primarily liable. Assignment transfers ENTIRE interest; assignee steps into tenant's shoes directly.
Three-party structure:
- Landlord ↔ Tenant: Original lease continues unchanged
- Tenant ↔ Subtenant: Sublease creates sublandlord-subtenant relationship
- Landlord ↔ Subtenant: Consent agreement creates limited direct enforcement rights
Why Landlord Consent Required
Most commercial leases prohibit subletting without landlord's prior written consent. Standard clause: "Landlord's consent not to be unreasonably withheld or delayed."
Landlord's legitimate concerns:
- Quality control (subtenant appropriate for building?)
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