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Alex Esquire
Alex Esquire, Attorney at Law
Category: Real Estate Law
Satisfied Customers: 16721
Experience:  Experienced Licensed Attorney / Real Estate Law Mentor
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I need a real estate lawyer please, we are in brooklyn NY, i

Customer Question

hi there i need a real estate lawyer please
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: we are in brooklyn NY
JA: Has anything been filed or reported?
Customer: i have a question regarding a commercial lease and sub leasing under that one
JA: Anything else you want the lawyer to know before I connect you?
Customer: not really i basically want to know if subleasing is standard in a commercial lease
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Alex Esquire replied 2 months ago.

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?

Customer: replied 2 months ago.
hi alex nice to meet you i need to know if subleasing is standard in commercial leases if not otherwise noted
?
Customer: replied 2 months ago.
we prefer text
Expert:  Alex Esquire replied 2 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!

Customer: replied 2 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: replied 2 months ago.
rider, sorry
Expert:  Alex Esquire replied 2 months ago.

Thank you for your follow up.

Does the lease state anything about subleasing?

Customer: replied 2 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?
Expert:  Alex Esquire replied 2 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!

Customer: replied 2 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: replied 2 months ago.
are you still standing by our earlier assessment that subleasing is by default prohibited?
Expert:  Alex Esquire replied 2 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!

Expert:  Alex Esquire replied 2 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.