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In the Spotlight: Subleasing Benefits and Risks

By Lars Andersen
September 27, 2010

Current adverse economic conditions are causing many tenants to consolidate and reduce their space requirements given downsizing and reductions in force. The result is that significant amounts of office space are now becoming available for subleasing as prime tenants seek subrent income to help cover their prime rent obligations to their landlord.

It is important to remember that a subtenant's occupancy rights are completely derivative of the lease rights that a prime tenant has. Thus, a subtenant can never get any better or more comprehensive rights than that which its sublandlord (the prime tenant) has under the prime lease. In practice, though, a subtenant's rights are actually more limited than those enjoyed by the prime tenant.

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