29.6 A. Preliminary Inquiries

• Jurisdiction: New York

A. Preliminary Inquiries

Before deciding whether the client’s subleasing goals are accomplished, the subtenant’s counsel must think about some of the same issues that are important in a traditional direct lease.⁸⁸³ Beyond the basic economic terms regarding rent and escalations, the subtenant should determine that the subleased space as described in the sublease will work for the subtenant. A diagram exhibit of the subleased premises early in the process will help confirm the understanding of the parties. The subtenant should seek all of the rights that the direct lease grants to the tenant, including the right to use portions of the lobbies, elevators, and common areas of the building needed for access to, and full use of, the subleased premises, and availability of directory listings, signage and parking (to the extent applicable).

The sublease should describe the condition in which the subleased space must be delivered.⁸⁸⁴ Must the sublandlord perform any construction work or simply deliver the space in vacant “broom-clean condition”? At a minimum, the space generally must be free and clear of all other occupancies. The subtenant would also like to know that the subleased premises...