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Advanced Sub-Leasing: A Consideration of When Flow- Through Provisions In Subleases Are Not Quite Appropriate

Feb 16, 2005 | Article 

Written by Natalie Vukovich
LSUC- Six- Minute Commercial Leasing Lawyer 2005

Often a sublease assumes that except for the rent, term and description of premises to be subleased, the tenant/sublandlord stands in the shoes of the headlandlord and the subtenant stands in the shoes of the tenant. This type of wording is often found in subleases: "the sublandlord will have the rights/obligations of the head landlord under the head lease and the subtenant will have the rights/obligations of the head tenant under the head lease, as if the subtenant were the tenant and the sublandlord were the head landlord under the lease". In this paper I refer to this word as the "Mirror Image Wording". Frequently, the Mirror Image Wording is either inadequate or dangerous. At the very least, it reveals to casual an analysis.

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