Drafting Assignment and Subleasing Clauses in Commercial Leases: What works and what doesn’t

Oscar R. Rivera
Oscar R. Rivera | Siegfried Rivera

Oscar R. Rivera specializes in Real Property and Shopping Center Law and heads the Real Estate Practice Group and is the managing shareholder of Siegfried Rivera, a nationally recognized real estate and construction law firm based in Coral Gables, Florida.

On-Demand: February 15, 2024

1.5 hour CLE

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Program Summary

This program will address essential issues that landlords and tenants should address when drafting assignment clauses and subleasing clauses in commercial leases, The session will also discuss the differences between the two and how to address reasonableness standards. The presentation shall provide additional drafting strategies for subleases and/or assignment agreements.

Key topics to be discussed:

  • Essential provisions to be included
  • Key Differences between Assignment and Sublease
  • Standards of Reasonableness
  • Information to be provided for consideration of a request to assign
  • Fees to be paid by tenant

Date / Time: February 15, 2024

Closed-captioning available

Speakers

Oscar R. Rivera_myLawCLEOscar R. Rivera | Siegfried Rivera

Oscar R. Rivera specializes in Real Property and Shopping Center Law and heads the Real Estate Practice Group and is the managing shareholder of Siegfried Rivera, a nationally recognized real estate and construction law firm based in Coral Gables, Florida. He completed his undergraduate studies in accounting at the University of Miami and received his Juris Doctor from Georgetown University. Since 1982 he has represented numerous developers, investment companies, retailers and management companies throughout the United States and Latin America. He maintains an “AV” rating from Martindale-Hubbell.

Mr. Rivera has held several leadership positions within the International Council of Shopping Centers (ICSC), the global trade association of the shopping center industry. He has served as the Florida State Director and been a member of the faculty and dean of law at the ICSC University of Shopping Centers at Wharton, Divisional Government Affairs Chairman for the seven-state Southern Division, Florida Government Affairs Committee Chairman and Florida State Director. He has also served as conference chairman of the 1998 Florida Law Symposium; 1997 Conference of the Americas; 2006 US Shopping Center Law Conference and 2012 Florida Conference. He is a recipient of the ICSC Trustees Distinguished Service Award and is also director and officer of the Florida Shopping Centers Political Action Committee.

Mr. Rivera lectures on various corporate and real estate topics throughout the United States and South America. He is listed in Who’s Who in American Law and Who’s Who in Florida’s Latin Community. His works include “Anatomy of a Lease”, “Entertainment Center Leases: Theater, Restaurant and Other Idiosyncratic Issues”, “Rent, Operating Expenses, Marketing and Other Monetary Issues”, “Basic Issues in Commercial Leases”, “Navigating Through the De-Malling Maze”, and “Formation and Preparation of the Governing Documents for Homeowners and Condominium Associations.”

He is admitted to the Florida Bar (US District Court, Southern District of Florida) and US Tax Court, and is a member of the American Bar Association (Real Property, Probate and Trust Law sections) and the Cuban-American Bar Association. Active in his community, Mr. Rivera is a member of the Kiwanis Club of Little Havana.

Agenda

I. Essential provisions to be included | 11:00am – 11:20am

II. Key Differences between Assignment and Sublease | 11:20am – 11:40am

III. Standards of Reasonableness | 11:40am – 12:00pm

Break |12:00pm – 12:10pm

IV. Information to be provided for consideration of a request to assign | 12:10pm – 12:25pm

V. Fees to be paid by tenant | 12:25pm – 12:40pm

Credits

Alaska

Approved for CLE Credits
1.5 General

Our programs are CLE-eligible through Alaska's recognition of multi-jurisdictional reciprocity.
Alabama

Pending CLE Approval
1.5 General

Arkansas

Approved for CLE Credits
1.5 General

Our programs are CLE-eligible through Arkansas's recognition of multi-jurisdictional reciprocity.
Arizona

Approved for CLE Credits
1.5 General

California

Approved for CLE Credits
1.5 General

Colorado

Pending CLE Approval
1.5 General

Connecticut

Approved for CLE Credits
1.5 General

District of Columbia

No MCLE Required
1.5 General Hours

Delaware

Pending CLE Approval
1.5 General

Florida

Reciprocity
2 General

Receive CLE credit in Florida via reciprocity
Georgia

Approved for CLE Credits
1.5 General

Hawaii

Approved for CLE Credits
1.5 General

Iowa

Pending CLE Approval
1.5 General

Idaho

Pending CLE Approval
1.5 General

Illinois

Approved for Self-Study Credits
1.5 General

Indiana

Approved for Self-Study Credits
1.5 General

Kansas

Pending CLE Approval
1.5 General

Kentucky

Pending CLE Approval
1.5 General

Louisiana

Pending CLE Approval
1.5 General

Massachusetts

No MCLE Required
1.5 General Hours

Maryland

No MCLE Required
1.5 General Hours

Michigan

No MCLE Required
1.5 General Hours

Minnesota

Approved for Self-Study Credits
1.5 General

Missouri

Approved for CLE Credits
1.8 General

Mississippi

Pending CLE Approval
1.5 General

Montana

Approved for Self-Study Credits
1.5 General

North Carolina

Pending CLE Approval
1.5 General

North Dakota

Approved for CLE Credits
1.5 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
1.5 General

myLawCLE reports attendance to Nebraska on each attorney's behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
1.5 General

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
1.8 General

Our programs are CLE-eligible through New Jersey's recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
1.5 General

Nevada

Approved for Self-Study Credits
1.5 General

New York

Approved for CLE Credits
1.8 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “A”.
Ohio

Pending CLE Approval
1.5 General

Oklahoma

Pending CLE Approval
2 General

Oregon

Pending CLE Approval
1.5 General

Pennsylvania

Approved for Self-Study Credits
1.5 General

Rhode Island

Pending CLE Approval
2 General

South Carolina

Pending CLE Approval
1.5 General

South Dakota

No MCLE Required
1.5 General Hours

Tennessee

Pending CLE Approval
1.5 General

Texas

Pending CLE Approval
1.5 General

Utah

Pending CLE Approval
1.5 General

Virginia

Not Eligible
1.5 General Hours Hours

Vermont

Approved for CLE Credits
1.5 General

Washington

Approved via Attorney Submission
1.5 Law and Legal

For CLE course attendance credit, Washington state attorneys must self-apply to the Washington State Bar. myLawCLE will supply Washington state attorneys with the self-application package and instructions on how to gain credit.
Wisconsin

Approved for Self-Study Credits
1.5 General

Wyoming

Pending CLE Approval
1.5 General

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