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Don’t get screwed.</text><text x="58" y="258" font-family="Arial,Helvetica,sans-serif" font-size="30" font-weight="600" fill="#6b5b4d">Leases, TI, NNN &amp; buildouts — negotiated in your favor</text><g transform="translate(1010,86)" fill="none" stroke="#C0531F" stroke-width="9" stroke-linejoin="round"><rect x="20" y="40" width="150" height="130"/><line x1="20" y1="40" x2="95" y2="6"/><line x1="170" y1="40" x2="95" y2="6"/><rect x="50" y="80" width="36" height="36"/><rect x="104" y="80" width="36" height="36"/><rect x="74" y="128" width="42" height="42"/></g></svg>

How Do I Sublease My Space to Cut My Rent?

Direct Answer

To cut your rent by subleasing, you rent out part or all of your space to another business while you stay on the hook to your landlord. The money-move: if the market rent has climbed since you signed, sublease at the current market rate and pocket the spread. If you're paying $25/sq ft and the market is now $32/sq ft, subleasing 5,000 sq ft nets you $35,000/year in pure spread ($7 × 5,000) — that's rent you no longer pay out of pocket.

If the market has dropped, you sublease at a discount of 10%-25% below your contract rent to fill the space fast and at least recover 75%-90% of your cost instead of paying for empty square footage. First, read your lease: most leases require landlord consent to sublease, and many landlords demand a profit-split (often 50%) on any sublease overage plus the right to recapture the space instead of approving your subtenant.

You must defang those clauses — ideally at lease signing, or negotiate around them now. Then market the space through a tenant-rep broker, screen the subtenant's credit hard, and sign a sublease that mirrors your master lease so you're never caught between conflicting obligations.

First: Read Your Lease Before You Do Anything

Three clauses decide whether subleasing saves you money or detonates:

1. Consent clause. Almost every lease requires the landlord's prior written consent to sublease. The good news: most leases say consent "shall not be unreasonably withheld." That phrase is your leverage — a landlord can't reject a creditworthy, compatible subtenant just to be difficult.
2. Profit-split / recapture of overage. Landlords often claim 50% of any rent you collect above your contract rent. So that $35,000 spread becomes $17,500 to you. Worse, a recapture clause lets the landlord take the space back entirely and cut you out — see the move below to kill it.
3. Use and assignment restrictions. The subtenant's business must fit permitted uses; some leases bar subleasing to a current tenant or a competitor in the building.

If you haven't signed yet, negotiate these now. If you're already in the lease, you negotiate a one-time consent and waiver with the landlord.

Move 1 — Capture the Market Spread (or Cut Your Loss)

Run the simple math on your space:

• Up market: Contract rent $25/sq ft, market $32/sq ft, you sublease 5,000 sq ft → spread of $7/sq ft = $35,000/year. Even after a 50% landlord split you keep $17,500.
• Down market: Contract rent $30/sq ft, market $22/sq ft. You sublease at $24/sq ft (a hair above market to move it fast). You eat $6/sq ft but you stop paying the full $30 on empty space — recovering 80% of your cost beats 0%.
• Partial sublease: You only need 8,000 of your 12,000 sq ft. Sublease the unused 4,000 sq ft and shed $100,000-$130,000/year in carrying cost depending on rate.

The point: empty space you're paying for is a 100% loss. Any sublease that recovers most of the cost is a win. CBRE and JLL sublease-availability reports show sublet space typically prices 10%-15% below direct space — budget that discount in.

Move 2 — Kill or Cap the Recapture Clause

A recapture clause is the landlord's escape hatch: when you ask to sublease, instead of approving it they take the space back, terminate your obligation for it — and then re-lease it at the higher market rate themselves, keeping every dollar of the spread you found. To neutralize it:

• Strike it outright at signing if you can.
• If you can't, cap it so recapture applies only to a full-floor or full-premises sublease, never a partial one.
• Add a "come-back" right: if the landlord recaptures, you owe nothing further on that space (no continuing liability) and you get a window to withdraw your sublease request and keep the space if the landlord moves to recapture.

Without this, your reward for finding a great subtenant is the landlord stealing the deal.

Move 3 — Beat the Profit-Split Down

If the lease grants the landlord 50% of sublease profit, attack it on three fronts:

• Define "profit" net of your costs. Profit = sublease rent minus your contract rent minus your costs to sublease: broker commissions (4%-6%), free rent/concessions you grant the subtenant, legal fees, and the cost of demising/building out the space. Net these out first and the split shrinks dramatically.
• Lower the percentage to 25%-33% or negotiate a flat fee.
• Win a threshold — no split until the spread exceeds, say, 10% over contract rent.

A "50% of profit" clause defined to net your costs first often yields the landlord very little, because your real spread after commissions and concessions is thin.

Move 4 — Screen the Subtenant Like a Landlord Would

You stay primarily liable on the master lease. If your subtenant stops paying, the landlord comes after you — you owe the rent regardless. Protect yourself:

• Pull the subtenant's financials, business credit, and references — treat it as if you were the landlord.
• Collect a security deposit equal to 1-3 months' rent from the subtenant.
• Require the subtenant to carry their own liability and property insurance naming you and the landlord as additional insureds.
• Match the subtenant's payment date a few days before your rent is due to the master landlord, so their money is in hand before you have to pay.

Move 5 — Make the Sublease Mirror the Master Lease

The sublease must flow down the master lease terms so you're never squeezed between conflicting obligations:

• The subtenant must comply with all use, hours, signage, and conduct rules of the master lease.
• Sublease term ends at least one day before the master lease — never sublease past your own term.
• Include a default-and-cure structure that gives you time to cure the master lease if the subtenant defaults.
• Attach the master lease as an exhibit and bind the subtenant to its relevant provisions.

Move 6 — Consider Assignment vs. Sublease

If you want out completely, an assignment transfers the entire lease to a new tenant and — if the landlord grants a release of liability — gets you off the hook entirely. Subleasing keeps you liable; assignment with release does not. Landlords resist releasing you, but a strong-credit assignee is your best argument.

If you only need to shed part of the cost or part of the space, sublease. If you're exiting the business or location, fight for an assignment with full novation/release.

FAQ

Can my landlord stop me from subleasing? Usually only if the lease says consent may be withheld at the landlord's sole discretion. If it says consent "shall not be unreasonably withheld," the landlord must approve a creditworthy, compatible subtenant. Always negotiate for the "not unreasonably withheld" language.

Do I keep the extra rent if I sublease above my own rate? Often partially. Many leases grant the landlord 50% of the overage, but you can negotiate that down to 25%-33% and insist that "profit" be calculated after deducting your broker fees, concessions, and build-out costs — which usually shrinks the landlord's cut to little or nothing.

Am I still responsible if my subtenant stops paying? Yes. In a sublease you remain primarily liable to the master landlord. That's why you screen the subtenant's credit, collect a deposit, and time their payment before your own rent is due. To fully escape liability, you need an assignment with a written release.

What is a recapture clause and why does it matter? A recapture clause lets the landlord take the space back when you request to sublease, instead of approving your subtenant — then re-lease it at market and keep the spread. Strike it, or limit it to full-premises subleases only, so you keep the upside you found.

Sublease or assignment — which saves more? Sublease if you only need to offload part of the space or part of the cost while staying in business. Assignment with a release if you want out entirely — it transfers the whole lease and ends your liability, though landlords resist granting the release.

Sources

• CBRE, Sublease Availability and Market Reports — sublet pricing discounts and absorption trends.
• JLL, Office and Industrial Leasing Insights — sublease vs. Direct space pricing benchmarks.
• Cushman & Wakefield, Tenant Advisory — consent, recapture, and profit-split clause practices.
• NAIOP, Commercial Real Estate Leasing Resources — assignment and sublease structuring guidance.
• BOMA International, Lease Administration Standards — flow-down and subtenant insurance norms.
• ICSC, Retail Lease Negotiation Glossary — landlord consent and recapture standards.
• Tenant-rep broker advisories on sublease spread capture and liability protection.