Many leases typically contain terms that a landlord may impose before consent is given or in lieu of giving consent. The right to terminate all or part of the lease, the right to any excess rent and the right to require the assignee to enter into the landlord’s new form of lease at current rates are some examples. Such terms can put a tenant at a considerable disadvantage. These and similar terms should be addressed during initial negotiations. Once these terms have been agreed to, the landlord is within its rights to use them. The bottom line, in the third of our series on Letting Go, is that landlords and especially tenants should pay attention to and address their requirements regarding assignment and subleasing during their initial negotiations. Obviously the landlord needs some measures to control occupancy and these need to be balanced with the tenant’s need for some flexibility. It is seldom that landlords and tenants cannot reach a reasonable compromise. Take the time before entering into any binding commitment to consult with your professional advisors to review assignment and sublease rights along with all other essential business points.