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Commercial Leasing Law & Strategy

October 2008

In the Spotlight: The Right of a Landlord to Share in Consideration Received in Connection with Transferring Leased Property

By M. Rosie Rees and Sean M. Bahoshy

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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