§ 29A.05 Subleasing

• Jurisdiction: United States
• Publication year: 2022

§ 29A.05 Subleasing

Most of the same brokerage issues discussed above can also apply in the context of a sublease. Other than in the case of an assignment of the sublease or the further subleasing of the subleased premises, however, the additional commission-generating events¹ would rarely apply in subleasing situations because of the usual subjugation and subordination of the sublease to the overlease.

The prime landlord's consent to the sublease can be added as a condition to the broker's entitlement to a commission. Obtaining the prime landlord's consent can be loaded with legal issues, and can be subject to involved negotiation or even litigation. As in the case of an intended assignment of a lease, issues that may arise in subleasing situations...