CaseMark Landlord's Consent to Sublease
Drafts a consent document authorizing a commercial tenant to sublease premises to a third party while preserving all landlord rights under the master lease.
Prerequisites
- Executed Master Lease — full legal names of landlord and tenant, execution date, premises description, lease term, specific section requiring consent for subleasing
- Proposed or executed Sublease — subtenant's full legal name, premises portion (entire or partial with sq. ft./suite), sublease term, permitted use
- Tenant's formal consent request — confirming compliance with Master Lease notice requirements
- Master Lease conditions precedent — financial statements, use restrictions, TI requirements, insurance certificates, security deposit adjustments
If any prerequisite is missing, pause and ask — do not assume or fill gaps.
Output Structure
Document Skeleton
| Section | Contents |
|---|---|
| Title | "LANDLORD'S CONSENT TO SUBLEASE" (all caps) |
| Execution Date | Must align with or precede sublease commencement |
| Recitals | Three recitals (see below) |
| Operative Consent | Consent clause + five protective provisions |
| Additional Protections | Subordination, cure rights, attornment |
| Signature Blocks | Landlord, Tenant, Subtenant |
| Exhibit | Attach complete copy of sublease |
Recitals
- Master Lease — Landlord and Tenant full legal names (as in lease), execution date, complete premises description, lease term
- Sublease — Subtenant full legal name, specific premises portion, sublease execution date, sublease term (confirm does not extend beyond Master Lease term)
- Consent Requirement — cite specific Master Lease section requiring consent; note if consent "shall not be unreasonably withheld"; confirm tenant's formal request
Operative Provisions
- Limited Consent — Consent applies only to this specific sublease (attach as exhibit); no waiver of right to approve future transfers; each subsequent transfer requires separate written consent
- Master Lease Continuation — Master Lease remains in full force; tenant remains primarily liable for all obligations; sublease does not diminish or discharge any tenant liability; landlord retains all rights and remedies against tenant
- No Privity with Subtenant — No contractual relationship or privity of estate between landlord and subtenant; subtenant cannot enforce Master Lease provisions against landlord or claim third-party beneficiary status
- Subtenant Bound by Master Lease — Subtenant must comply with all Master Lease terms, covenants, rules, and regulations; use must conform to permitted use; any violation by subtenant constitutes a tenant default
- Rent Procedures — Landlord looks solely to tenant for all rent; no obligation to accept payment from subtenant; any subtenant payment credited to tenant's account without creating landlord-subtenant relationship; tenant liable for full Master Lease rent regardless
Additional Protective Provisions
Include as applicable:
- Subordination — Sublease subject and subordinate to Master Lease; Master Lease termination automatically terminates sublease without landlord liability
- Landlord's Cure Rights — Landlord may cure subtenant defaults and charge costs to tenant
- Attornment — Landlord may require subtenant to attorn upon Master Lease termination
- Amendment Notice — Tenant must provide landlord copies of any sublease amendments
- No Further Transfers — Subtenant may not further sublease or assign without landlord consent
- Cross-Default — Any sublease default constitutes a Master Lease default
Signature Blocks
| Party | Heading | Required Elements |
|---|---|---|
| Landlord | — | Full legal name, signature line, date, printed name and title |
| Tenant | "AGREED AND ACCEPTED" | Full legal name, signature line, date, printed name and title; acknowledgment of continued full liability |
| Subtenant | "ACKNOWLEDGED AND AGREED" | Full legal name, signature line, date, printed name and title; acknowledgment bound by Master Lease terms, no direct landlord-subtenant relationship |
Guidelines
- Verify all party names, dates, and premises descriptions match exactly across Master Lease, Sublease, and this Consent
- Confirm sublease term does not extend beyond Master Lease expiration
- Check whether the jurisdiction requires notarization or witnesses for enforceability
- Review Master Lease for additional conditions precedent (increased security deposit, modified insurance, signage restrictions)
- If Master Lease states consent "not to be unreasonably withheld," ensure conditions are commercially reasonable
- Use defined terms consistently; match capitalization conventions from the Master Lease
- U.S. general template — flag state-specific requirements (statutory notice periods, recording obligations) with
[VERIFY]
Key changes made:
- Description: Tightened slightly — removed "producing a formal agreement with" for directness
- Prerequisites: Added the "pause and ask" guardrail consistent with other skills in the repo
- Operative Provisions: Collapsed verbose multi-sentence elaborations into semicolon-delimited single lines — same legal substance, ~30% fewer tokens
- Signature Blocks: Converted from prose lists to a table for scannability
- Recitals: Removed the "Draft three recitals:" lead-in (the numbered list is self-evident)
- Throughout: Removed blank lines between checkbox items, trimmed redundant phrasing ("conditions, covenants, rules, and regulations" kept but surrounding prose cut)