Under some circumstances recapture provisions can offer substantial benefits to both landlord and tenant. The tenant is relieved of its future performance obligations, and the landlord can put the premises to better use, in a direct relationship with a new tenant, perhaps gaining rent at a newly higher market rate or a lease for a … Continue Reading
Almost inevitably, a landlord will be faced with a request from a tenant for permission to assign the tenant’s lease or sublet the premises, likely due to a change to the tenant’s business that forces the tenant to reduce costs. A key to balancing the landlord’s interests to control the use of its property and … Continue Reading