Letting Tenants Sublet a Commercial Office

Letting Tenants Sublet a Commercial Office

Investor · Camp Verde, AZ · Member since 2016 · 31 posts · 2 votes

Hello BP!

I have a 4,000sf/4 office Professional Office building in West Palm Beach, FL.  One of my tenants still has 18 months (~$40K) left on a three year lease, but they went out on their own and leased another space across town and moved out.  They are still paying rent (for now), but complaining pretty loudly about me not letting them out of their lease.  I have NO intention of doing so and will seek a judgement against them if they stop paying.  I could write a comedy about their reasons why the office they've been in for 5 years has suddenly become uninhabitable :).

I'm willing to work with them, and said I'd let them out if WE (they and/or me) could find another acceptable tenant.  I've been advertising and have agents working on it for two months now, and even advertised at a reduced rent but no bites in the current climate.  They have made ZERO effort to bring a solution to the table.


I'm thinking they can sublet it for the remainder of their lease term or until we find a permanent replacement tenant.  Lease is $2,200/mo, and while no bites at that price, I'm sure tenant can sublet it for $1,500, and thus only be out of pocket $700/mo.  Obviously I'd have to approve the sublet.

Is there something that I'm missing here or getting myself exposed to?  I'd appreciate anyone's experience in doing something like this, either positive or negative.

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  • Developer · Charlottesville, VA · Member since 2018 · 4k+ posts · 4k+ votes
    5y

    It’s entirely up to you and dependent on what your lease with the tenant actually says. If it does not address sub letting the space you would have to draft an addendum. Best bet is to discuss with your real estate attorney to make sure you have all your bases covered before you approve a sublease with anyone. 

  • Grand Rapids, MI · Member since 2017 · 21 posts · 17 votes
    5y

    Keep good records of what you are doing to market the space.  If they stop paying and you have to sue, it will be helpful if you can demonstrate that you have been making good faith efforts to find a new tenant even though this should not be your responsibility.  If they left space in poor condition keep photos, etc.

  • Rental Property Investor · Minneapolis, MN · Member since 2020 · 540 posts · 285 votes
    5y

    @Michael Green

    I’d keep them on the hook for the full amount and to collect from their sublettor. Only way I’d let them out is if their sublettor actually signed a new lease with you.

  • Investor · Camp Verde, AZ · Member since 2016 · 31 posts · 2 votes
    5y

    Thank you all for the replies - there was some good advice in here and I'm going to hold the line on this one.  We've been advertising the suite online, loopnet, leasing agents, etc, and at a lower rate than what the lease calls for.  Not sure what else we can do (although we don't have to do anything - this is all in good faith to solve their problem).  Despite promises to pay, they have not paid yet for Dec.    We'll be seeking a judgement for the full amount left on the lease.  They still have furniture in the suite, although they did disconnect power.

  • Member since 2019 · 106 posts · 32 votes
    5y

    @Michael G.

    Have you asked if they want to negotiate a buyout?

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