Q. For a sublease, what is the landlord approval process?

A. Most subleases require landlord's consent or approval in order to take effect and for the subtenant to gain possession of the sublease space, and ultimately, move-in.  Typically, the form of approval is a consent document, which is a legal document that requires execution by three parties: a) landlord, b) sublandlord and c) subtenant.

Because the consent document is a legal document, it typically requires negotiation between sublandlord, subtenant and landlord.  Additionally, most NYC leases allow the landlord up to thirty (30) days to provide consent for a sublease.  Both of these conditions can increase the amount of time between execution of a sublease and possession of a space.  There are a couple ways to mitigate these delays: 1) On typical office leases, we negotiate to reduce the amount of time for landlord approval to 15-20 days and if this deadline is not met, then approval is deemed granted; 2) Once the sublease is executed, it is often helpful to initiate a direct relationship between subtenant and landlord, whereby this direct contact can often expedite the approval process.