Navigating Lease Negotiations: The Critical Role of A&S Clauses

Attorney Brian G. Cafferty published the article, “A&S Clauses Take on New Importance in Lease Negotiations,” in the February 23, 2025 issue of Banker & Tradesman. 


In today’s evolving real estate landscape, assignment and sublet (A&S) clauses are more important than ever. Whether a tenant is selling their business or downsizing, a well-crafted A&S clause ensures flexibility while protecting both tenant and landlord interests.

Key takeaways include:
🔹 A&S clauses help mitigate disputes by defining clear parameters.
🔹 Landlords often include recapture rights and rental rate controls.
🔹 Tenants may seek flexibility for transfers to affiliates.
🔹 Financial requirements and subordination terms remain critical.

Understanding these lease provisions is essential in today’s competitive commercial real estate market. 

Read the full article here: https://bankerandtradesman.com/as-clauses-take-on-new-importance-in-lease-negotiations/. (A subscription is needed to access the article, but if you have questions about A&S clauses, please contact Brian Cafferty directly.)

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