Knowledge Center

The Sublease Process

We can help you sublease your office space by applying our highly successful subleasing process.

POSITIONING - Through our extensive knowledge of the marketplace and demographic research we determine the most appropriate tenants to attract in the current economy. We take into account market demand, potential rental income and necessary capital expenditures.

PACKAGING - We focus on communicating the message to the target tenants that this space is the most suitable for their type of use. We have used numerous methods to package a property. The packaging process is designed to highlight the advantages of your space to your target audience.

PROMOTION - The core of our marketing efforts lies in the belief that even a good marketing strategy is lost if it is not communicated to the potential customers. We believe in diligent, responsible, hard work to get our message out to our target market. We use conventional as well as new marketing media to promote our marketing campaigns. Some of the marketing techniques we use include: Electronic Brochures, Email, Websites, Direct Phone and Foot Canvassing, Direct Mail , Virtual Reality Presentations and of course good old fashioned print media.

PRE-BUILDING - One of the most successful techniques in disposing of real estate has been the pre-building of space. Pre-built space not only lowers the cost of initial construction by spreading the cost over a larger area, but it has significant marketing advantages as well. Since the majority of companies in today's economy are smaller than 5,000 square feet, pre-built space attracts a broad audience. Many tenants are looking for space they can occupy immediately.

TECHNOLOGY - We have found that every tenant group has their own technological requirements. By identifying the appropriate technology that is used by different industries we have differentiated our spaces from others and thereby achieved hire rents for and sub-landlords.

Everyone knows that the biggest advantage of subleasing space is getting a great deal on price. But that's not the only advantage! Listed below are the advantages of taking a sublease; and some disadvantages as well.

PRO's

Take advantage of an existing above standard installation

Phones, furniture of equipment may be available

Occupy space quickly at minimal expense

Flexibility of short term leases

Opportunity to share some expenses or services with the prime tenant

Get into a building that you might not be able to afford on a direct lease

CON's

Credit Risk

Inflexibility of lease clauses

No direct relationship with Landlord

Overlandlord approval may take some time

Landlord may recapture space after you have spent time and money negotiating a lease

Logan & Logan, Inc. v Audrey Lane Laufer, LLC

2006 NYSlipOp 08220

November 14, 2006

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, January 17, 2007

In an action, inter alia, to compel the defendant to consent to the assignment of a lease, the defendant appeals from an order of the Supreme Court, Suffolk County (Pitts, J.), dated July 22, 2005, which granted the plaintiff's motion for summary judgment.

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

When a commercial lease provides that the landlord will not unreasonably withhold consent to its assignment, the landlord may refuse to consent to an assignment based only on "consideration of objective factors, such as the financial responsibility of the [proposed assignee], the [proposed assignee's] suitability for the particular building, the legality of the proposed use and the nature of the occupancy, i.e., office, factory, retail" (Astoria Bedding, Mr. Sleeper Bedding Ctr. v Northside Partnership, 239 AD2d 775, 776 [1997]; see Kenney v Eddygate Park Assoc., 19 AD3d 859, 860 [2005]; Sayed v Rapp, 10 AD3d 717, 720 [2004]). Thus, "subjective concerns and personal desires cannot play a role in a landlord's decision to withhold its consent to an assignment of a lease" (Ontel Corp. v Helasol Realty Corp., 130 AD2d 639, 640 [1987]; cf. International Chefs v Corporate Prop. Invs., 240 AD2d 369, 370 [1997]).

Here, there exists a triable issue of fact as to whether the defendant landlord withheld its consent to the proposed assignment based on objective concerns, and thus whether its withholding of consent was reasonable. Crane, J.P., Ritter, Rivera and Lunn, JJ., concur.