Subleasing is always a risky situation but during a pandemic the new tenant and the existing tenant must be even more careful. Listed below are good tips on the way the parties may protect themselves:
Make sure the Subtenant pays its rent directly to the landlord. The new tenant should not count on the Sublessor paying the rent to the Landlord.
Make sure the current tenant is not in default of any of the provisions of the lease prior to signing the sublease. If the Subtenant can arrange a call with the Landlord prior to signing of the lease to insure the Subtenant is not walking into trouble that he did not expect.
Have the Sublessor represent that there were not repairs required during its occupancy, either completed or not. It is always important to find out if there were numerous repairs required at the building, especially with one specific on going issue.
Try to obtain a direct conversation with the Landlord if there is any possibility of continued occupancy at the termination of the lease.
If you or your tenant are looking into a sublease and have further questions, feel free to call us for a free consultation at 310-748-5777!