Friday, April 6, 2018

Subleasing: Things to consider as a subtenant

Looking to lease space? In today's economy, sublease space will certainly be an option. The question is, "Is sublease space right for me?" To equip you to answer this question for yourself, I'll address a few of the major points here.

In general, subleasing is something you will want to consider because of the monetary benefits.
  • You can expect to pay below-market rent.  There are caveats however.
  • In many cases the space will come fully furnished and wired for communications.
  • Some spaces even come with phone, surveillance, access control, and/or audio/visual systems.
  • There's a strong likelihood that you can take ownership of this personal property.  But you might not want to.
Before we get into the factors to watch, why do I believe that sublease space will be an option? Because there's a lot of it.  Consider the actual statistics from a random month in Atlanta taken from CoStar:
  • Over 3.48 million square feet of sublease office space was available in metro Atlanta, comprised of 519 spaces distributed among 354 properties and ranging in size from 64 SF to almost 79KSF.
  • Around 25% of the available office space in metro Atlanta is being offered for sublease.
So back to our question: "Should I consider it?" Generally speaking, the answer is yes, it makes good business sense for the reasons stated above.

BUT there are many factors to consider that would not cross the radar in a direct lease.  Here are a few:

The remaining term. This is a critical point. Because moves are expensive and a key benefit is the rent savings, you must realize these savings long enough to see a true win. Saving $100,000 per year in rent isn't worth it if you'll spend $75,000 to move and the master lease expires in 1 year. It seems rudimentary, but this key question is occasionally overlooked.

The sublessor. Are they solid? You're going to be sending them a big check every month, so you need them to be reliable. Believe it or not, I know of a law firm who was taken advantage of by a sublandord who accepted their security deposit and first month's rent and then disappeared just after the law firm took occupancy. Consider the following:
  • Are they likely to survive the remaining lease term?
  • Can you trust them to pay their rent to the landlord?
  • If required, will/can they intermediate between you and the landlord?
The space. If the space requires modification for your use, there are a litany of issues to consider:
  • Will the landlord approve your modifications?
  • If you're not taking over the whole space, how will communications wiring be handled?
  • Who will pay for the modifications?
  • Will the space have to be returned to its original condition?
  • Will the subtenant incur liability for and modifications the sublandlord made prior to the sublease?
The landlord. Your sublease contract will be with the sublessor, but your day to day operational interactions will be with the landlord. Will they work amicably with you?

The master lease. You MUST review the master lease, because it take precedence over your sublease. Are its terms and conditions acceptable?

Other Details. There are many other factors you'll want to keep in mind as you review a particular space. A few include:
  • Parking. Who will pay for any parking spaces? Will you get control of any reserved spaces? What if you don't need all of the spaces called for in the lease? What if you need more?
  • Expiration. What will your options be at the expiration of the sublease term? Are you willing to pay market rent for the property, or will you have to move at lease expiration?
  • Signage. Can you be listed on the marquis?
  • Conflicting tenants. If you're not in the same business as your sublandlord (you probably won't be), are there any prohibitions or exclusions that will lock you out of the space?
As a closing thought, I strongly urge you to use professional representation. Subleasing will require coordination among three parties and the interlaced, overlapping issues can carry serious consequences. Your representation should come at no cost to you, as the sublandlord will have already built your representative's fees into their cost structure.  If you don't know a reliable agent, give me a call... I'll give you a fair assessment of whether you need help and how to best find it.