In a commercial lease, it is common for a landlord to include a provision giving the landlord the right to obtain all or a portion of the rent or other consideration received by a tenant, pursuant to a sublease or assignment of the leased property.
In the Spotlight: The Right of a Landlord to Share in Consideration Received in Connection with Transferring Leased Property
This article examines three common provisions used by landlords to obtain all or a portion of the excess rents or other consideration received by a tenant pursuant to a sublease or assignment. Additionally, it addresses issues associated with the enforcement of these provisions and the landlord's ability to receive excess rent where the lease is silent on the issue.
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