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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.

21 minute read September 29, 2008 at 10:51 AM
By
M. Rosie Rees And Sean M. Bahoshy
In the Spotlight: The Right of a Landlord to Share in Consideration Received in Connection with Transferring Leased Property

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.

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