Commercial Lease Assignments: A Tale Of Two Leases And Landlord’s Right To Recapture

Gray Reed
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An Overview of Assignment Rights -

Commercial leases typically contain standard protections for landlords that may be potential pitfalls for tenants seeking to assign or transfer interests in a lease. A lease recapture provision permits a landlord to terminate a lease when the tenant requests landlord’s consent to assign or transfer the lease. Frequently overlooked, these recapture rights can have shocking results for tenants.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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