Subleases and assignments serve as exit strategies for tenants seeking to escape from their lease obligations, but there are crucial differences in what they can and cannot accomplish. All commercial leases should have provisions addressing assignments and subleases, as well as the circumstances under which the tenant may assign its lease or sublet the premises. These provisions are often among the most heavily negotiated lease terms between landlords and tenants, and they are of particular importance as businesses evaluate their leased spaces in light of the COVID-19 pandemic.
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