the waiver of subrogation would include landlord as well.
Indemnities. Both sublandlord and subtenant should request an indemnification provision in the sublease that at least protects them from liability for the other party’s negligence or willful misconduct.
Notice. The sublease should list the addresses to which rent and any notices can be sent.
Landlord’s Consent. Unless the sublease is a permitted transfer that does not require landlord’s consent, the sublease must either include a landlord’s consent clause or incorporate a separate landlord’s consent agreement. If the sublease includes a landlord’s consent clause, the landlord must sign the sublease. Exhibit K provides a sample landlord’s consent to sublease.
The sublease should not only add new provisions, but should exclude those provisions in the lease that do not apply to the sublease. Common examples include provisions establishing rent, the lease term, brokerage fees and any tenant improvement allowance. The subtenant should also request the exclusion of any lease provision that limits landlord’s liability to landlord’s interest in the building or project area. The sublandlord has no interest in the building or project area and would have no liability under such a provision.