Don't Share Profits with Tenant Whose Space Has Been Recaptured

December 16, 2016
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When negotiating your leases, you may want to include a recapture right that you can exercise if the tenant intends to assign its lease or sublet all or part of its space. And you may want to include a profit-sharing clause that will require the tenant to pay all or part of any profit it makes from an assignment or a sublet if you decide not to recapture the space.

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