Address Eight Key Areas in Recapture Profit-Sharing Clause

The opportunity to sublet or assign all or part of the office building or retail space you rent is crucial. It’ll give you the option of moving out of the space if you need to and halt paying rent during the length of the sublease or assignment—without breaching the lease. While you may be able to negotiate a sublet and assignment right, the owner, especially if it’s a strong one, might insist on you giving it a recapture option in exchange.

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