AdministrationPDF, Excel

Sublease Review Checklist

A structured checklist for reviewing sublease agreements and their relationship to the master lease. This checklist ensures sublease terms do not conflict with master lease restrictions, that landlord consent is properly obtained, and that the sublandlord retains appropriate protections. It is equally useful for subtenants evaluating what rights they are actually receiving.

By Angel Campa, Founder · Updated March 2026

Who Uses This & When

Used by corporate real estate teams, real estate attorneys, and lease administrators when a tenant seeks to sublease excess space or when a prospective subtenant is evaluating a sublease opportunity.

Checklist Items (14)

  1. 1Confirm the master lease permits subleasing and identify any consent requirements
  2. 2Check whether the landlord has a recapture right that could terminate the master lease
  3. 3Identify the landlord's consent standard — whether consent may be withheld in landlord's sole discretion
  4. 4Verify the proposed sublease term does not extend beyond the master lease expiration date
  5. 5Confirm the sublease rent does not exceed the master lease rent in jurisdictions with profit-sharing requirements
  6. 6Review permitted use in the master lease — verify the subtenant's intended use is permitted
  7. 7Confirm the subtenant's intended use does not conflict with any exclusivity clause in the master lease
  8. 8Obtain landlord consent in the form required by the master lease (written, within specified timeframe)
  9. 9Verify the subtenant assumes all master lease obligations applicable to the subleased premises
  10. 10Ensure the sublease is expressly subordinate to the master lease
  11. 11Confirm the subtenant has no right to deal directly with the landlord except in specified circumstances
  12. 12Verify the sublandlord retains the right to terminate the sublease upon master lease termination
  13. 13Review indemnification provisions — confirm sublandlord is protected from subtenant defaults
  14. 14Document landlord consent approval and file with master lease documents

Related Lease Fields

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Frequently Asked Questions

Does the subtenant get all the same rights as the original tenant?

No. A subtenant's rights are limited to what the sublandlord (original tenant) can grant from the master lease. If the master lease prohibits certain uses or modifications, those restrictions flow down to the sublease. Additionally, subtenants typically do not have a direct relationship with the landlord and cannot enforce master lease provisions directly.

What is a recapture right and when does it matter?

A recapture right allows the landlord to terminate the original lease and deal directly with the proposed subtenant when the tenant requests subleasing consent. This eliminates the sublandlord from the deal entirely. Recapture rights are most common in hot markets where landlords would prefer to sign a new lease at current market rates rather than have the original tenant profit from a sublease.

What happens to the sublease if the master lease is terminated?

Unless the landlord has signed a non-disturbance agreement protecting the subtenant, termination of the master lease typically terminates the sublease as well. Savvy subtenants negotiate an SNDA with the landlord that converts their sublease to a direct lease upon master lease termination, providing continuity of occupancy.

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