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I need a real estate lawyer please, we are in brooklyn NY, i…

Customer Question
Hi there i need...

Hi there i need a real estate lawyer please

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

We are in brooklyn NY

Lawyer's Assistant: Has anything been filed or reported?

I have a question regarding a commercial lease and sub leasing under that one

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not really i basically want to know if subleasing is standard in a commercial lease

Submitted: 6 months ago.Category: Real Estate Law
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Answered in 1 minute by:
8/1/2017
Real Estate Lawyer: Alex Esquire, Attorney at Law replied 6 months ago
Alex Esquire
Alex Esquire, Attorney at Law
Category: Real Estate Law
Satisfied Customers: 16,756
Experience: Experienced Licensed Attorney / Real Estate Law Mentor
Verified

Hello. My name is ***** *****

Thank you for your question.

I will be happy to provide you the information you are seeking for educational purposes only.

Do you have a legal question that I can answer for you about the situation you have described in your post?

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Customer reply replied 6 months ago
hi alex nice to meet you i need to know if subleasing is standard in commercial leases if not otherwise noted
?
Customer reply replied 6 months ago
we prefer text
Real Estate Lawyer: Alex Esquire, Attorney at Law replied 6 months ago

Thank you for your follow up.

No. Subleasing provisions are not standard in commercial lease and any terms in the commercial lease are always up to the negotiations between the landlord and commercial tenant.

I wish you the best of luck!

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Customer reply replied 6 months ago
I guess this meant that if we need to prove that we are allowed to sublease we need to be able to find some definitions and terms in the raider?
Customer reply replied 6 months ago
rider, sorry
Real Estate Lawyer: Alex Esquire, Attorney at Law replied 6 months ago

Thank you for your follow up.

Does the lease state anything about subleasing?

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Customer reply replied 6 months ago
No, the lease is a "standard form of store lease" from the real estate board in new york, inc. How is a section normally called which deals with sublease terms?
Real Estate Lawyer: Alex Esquire, Attorney at Law replied 6 months ago

Thank you for your follow up.

Generally, unless the lease contained a clause / provision that states that the commercial tenant is permitted to sublease commercial premises, commercial tenant would not be permitted to sublease entire or any part of the commercial premises without landlord's written permission.

I wish you the best of luck!

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Customer reply replied 6 months ago
http://www.nolo.com/legal-encyclopedia/clb-sublet-assignment-clauses-commercial-leases.htmli know that it is not very accurate info one can find in the internet but the link above states the opposite.
"Unless your lease prevents it, you may rent to anyone you like and charge any rent you choose"
may i point out that we are talking about a commercial lease...
Customer reply replied 6 months ago
are you still standing by our earlier assessment that subleasing is by default prohibited?
Real Estate Lawyer: Alex Esquire, Attorney at Law replied 6 months ago

Thank you for your follow up.

Unfortunately, you cannot rely on information that you find online, as such information could have been posted by anyone and might not apply to each situation, so my answer remains the same, based on the fact that commercial lease contained specific name of the commercial tenant and also of the commercial landlord and any subleasing without written authorization from the landlord, would breach the lease, since the sub-tenant would is not listed on the lease.

I wish you the best of luck!

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Real Estate Lawyer: Alex Esquire, Attorney at Law replied 6 months ago

Please let me know if you have any related follow up questions?

If not, please positively rate and accept my answer, so I can be compensated for my work.

Thank you.

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Alex Esquire
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