Assignment, Subletting and Change of Control in a Commercial Lease: A Practical Guide

Harvey, Q.C., LSM Haber

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Editor: Harvey Haber Q.C., LSM and contributing authors

This unique collection of informative articles, written by 12 of Canada's most highly experienced professionals in the field, not only shows you how to successfully negotiate these complex terms, but how to use them to your advantage. Topics include:

  • The landlord's assignment, including the transfer of a landlord's rights, obligations and remedies
  • The remedies when a landlord unreasonably withholds consent to a transfer
  • The lease as security, including the competing interests of the landlord and the tenant's secured lender
  • The impact of the use clause on an assignment, subletting or change of control
  • Amalgamations as an assignment of the lease
  • Lease assignments and insolvency
  • Subletting tricks and traps
  • Commentary on a landlord's form of sublease
  • The rights and obligations of the parties after an assignment of the lease

Written from both the landlord's and tenant's perspectives, this guide provides an inside look at how effective negotiations can be assured on either side of the commercial leasing venture. With its mix of case law, sample forms, expert commentary and practical guidance, this is the definitive work on a complex subject.


Practice Area:
Real Estate Law


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