A Commercial Sublease Agreement describes the rights and duties of both the original tenant and the subtenant, whether you're relocating or simply subletting a retail, office, or industrial space in the Philippines.
Learn more about Commercial Sublease Agreement in Philippines
A Commercial Sublease Agreement allows a sublessee to use all or a portion of the premises in exchange for a monetary charge. A commercial lease can only be subleased with the consent and participation of the lessor. You can also download the Landlord Consent to Sublease Letter. When a contract is signed, it creates very specific relationships. If you want to sublet part or all of a residential property, you can also download your Sublease Agreement from Themis Partner. You will also benefit from the services of a lawyer, who will be able to answer all of your questions and lead you through the process of drafting your commercial sublease contract. It will give you legal protection with your landlord or subtenant.
A business sublet is an arrangement between an existing tenant, a new tenant seeking space, and the property owner.
You are the sublessor when you sublease your space, and your new renter is the sublessee. The subtenant lives in your space (or a portion of your space) for the remainder of the lease term (or whatever period of time is agreed upon, sometimes only a portion of your remaining lease term).
You are still responsible for your lease payments, therefore you must collect money from your subtenant each month and continue to pay your landlord directly.
You should also carefully examine your lease before deciding to sublet your space. Before approaching your landlord for permission, you should understand your sublease rights to ensure there are no restrictions or consent difficulties. Generally, landlords will allow you to sublease your space, but there are a few exceptions.
🔗 To make sure you have the landlord’s consent to sublet the premises, you can download our sample Consent to Sublease Letter.
When you’re ready to sublease your space, advertise it on the relevant commercial real estate websites and apply marketing tactics to get it moving.
Hiring a broker may make subleasing much easier and faster. A broker can assist you in determining the optimum cost for your space, ensuring that it is competitively positioned, and bringing years of marketing knowledge to the table. A broker can also assist you in navigating the difficult negotiating process with both your landlord and possible subtenants.
What properties are covered by this commercial sublease?
This contract may be used for the following properties:
➤ Industrial
➤ Office
➤ Restaurant
➤ Retail shop
➤ Warehouse
What is included in the Commercial Sublease Agreement?
A Commercial Sublease Agreement must include a number of provisions. Both parties must provide their complete names, business addresses, and any other contact information that is required. The precise location that will be subleased must contain a description as well as the building’s address. The conditions must be established so that it is clear when the agreement begins and how long it will endure.
Payment details, such as how much payments will be made each month, when they are due, and how they will be paid, must be addressed. There should also be information regarding late costs. In rare circumstances, tenants may be required to get their own services. Other landlords may pay for internet, utilities, office cleaning services, and building security.
Remarks:
It must be made clear what occurs if the contract is cancelled and what expenses may occur. This might include legal, damage, cleaning, and collection expenses.
When to use a Commercial Sublease Agreement?
If only a portion of the business space is to be rented, a Commercial Sublease Agreement should be employed. If the agreement states that the property can be rented, subletting sections of the property is an excellent approach to reduce building expenses. This is also useful if the firm is going out of business and has to relocate to a new location. A sublease agreement can be used to rent out a portion of the space while the landlord retains ownership of the remainder.
If the lease does not mention whether or not space can be leased, a consent to sublease form can be requested from the property management or landlord. This demonstrates that the individual obtained approval from the landlord to sublease the space.
Do you have any extra or empty space? If you need to downsize but still have time remaining on your lease, subleasing might be a great option. If you need to downsize, you can rent a piece of your space or your entire area.
To avoid the complexities and expenses connected with relocation, several tenants in this circumstance seek to lease a portion of their current office space. If you occupy several levels or areas, this might be a fairly simple operation. You may even sublease only a section of your space.
However, if your office is in a single continuous location, keep in mind that you may need to spend more money on construction or be ready to share your space with another organization. It is vital to sell your location effectively depending on your goals.
However, if you choose to leave the space and look for another, or if you simply no longer require an office space, you can sublease your whole area. This is an excellent option if you just have a little amount of empty space or if you require a dramatically different location. This is the most common method of subleasing.
Do you have spare space that you would like to use in the future but don’t need right now? If your company is fast developing, it may be prudent to plan for a larger space to be leased, although you may not use all of it at first.
Subleasing your unused space might be a great way to save money while still leaving room for future growth. You may seek for a short-term subtenant based on your growth projections, and when you need the space, you can take it back and maintain your contract. This is a good option for fast-growing businesses that have identified a market area into which they want to develop in the long run. This manner, your company will not have to find new space and relocate every time it grows.
3: You have outgrown your current living arrangement
Is your firm rapidly expanding? Are you going to run out of storage space? You may need to sublease your space and relocate before the end of your lease. This is common in start-ups and other fast developing businesses.
When your current site becomes too small, you may either lease extra office space or sublease it and relocate to a larger building. If you lease extra space, your company may suffer a schism if your employees are split between two locations. Depending on your culture and workplace dynamics, this might occasionally generate communication and productivity issues. Because of the inefficiencies of being split, you usually wind up utilizing more space than you need (two break rooms, additional hallways, and possibly two separate lease expirations).
Finally, if your company has to relocate or close before the conclusion of your contract, you may need to sublease your space. In some cases, you might avoid paying double rent or payment on unoccupied space by subleasing your space. Many tenants question, “Will my landlord allow me to cancel the lease?” while intending to relocate or close an office. The landlord’s response is almost always a resounding “no,” or if they are willing to accept a termination, it will come with a significant termination penalty. Subleasing is frequently a preferable alternative since the chances of a larger monetary recovery are greater.
You may avoid these issues and potentially save money in the long term by subleasing your current site and finding a new appropriately sized space to enable development.
What happens in the event of default?
It’s a good idea to have your own copy of the original lease so you can completely comprehend and appreciate the sublessor’s conditions. In most cases, such terms will also apply to you. Pay close attention to factors that may result in a lease default or the landowner’s power to cancel the contract. Take note of any limits on subletting as well. In some commercial leases, the landlord may be able to cancel the contract if he or she does not approve of the sublessor or the sublessor’s specific type of company.
Before engaging into discussions with the sublessor, you should, if feasible, check the underlying lease. Without a careful analysis of the lease, you may be unaware of certain provisions or restrictions that might influence your ability to do business in that location.