A commercial tenant wants to sublease half of her leased space to another business. The original lease is silent on subleasing. Can the tenant sublease the space?
Correct Answer
D) The answer depends on applicable law and the lease terms; in many jurisdictions, if the lease is silent, the tenant may sublease but remains liable under the original lease
When a lease is silent on subleasing, the tenant's right to sublease depends on applicable law. In many jurisdictions, a tenant may sublease if the lease does not prohibit it. However, the original tenant typically remains liable to the landlord under the original lease terms.
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A shopping center landlord requires a percentage lease clause from a major department store anchor tenant. The anchor tenant negotiates a natural breakpoint. What is a natural breakpoint?
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