Smart Protections for Smart Subtenants

Level: Advanced
Runtime: 94 minutes
Recorded Date: April 05, 2017
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  • Lease/Physical /Retail Due Diligence
  • Incorporation by Reference (IBR)
  • Commencement Date Issues
  • Landlord Consent/Recapture
  • Sublandlord General Obligations
  • Subtenant Entitlement to Services
  • Landlord Bankruptcy
  • Directory and Signage
  • Restoration at end of lease
  • Personal property
  • Landlord consent issues
  • Recognition Agreements
Runtime: 1 hour and 34 minutes
Recorded: April 5, 2017


Clients think subleases are simple. Their lawyers know better. In this program the panelists will focus on subtenant protections, starting with subtenant due diligence (the Overlease and physical plant issues), defining the commencement date, basic exclusions from incorporation-by-reference, basic and not-so-basic subtenant-protections, and, last but not least, reviewing the Overlandlord consent (did the overlandlord really mean to make the subtenant responsible for paying the sublandlord’s rent?).

This program was recorded on April 5th, 2017.

Provided By

American Bar Association


Diane Schottenstein

Diance Schottenstein Attorney at Law

A native New Yorker, Diane Schottenstein graduated from NYU Law School with a J.D. and LL.M. in taxation. For the past 27 years she has practiced private, corporate, and real estate law in New York City.

Nancy Ann Connery

Schoeman, Updike & Kaufman, LLP

Nancy Ann Connery is a partner at Schoeman Updike Kaufman Stern & Ascher LLP, her area of concentration is real estate law. She has a general real estate practice and has represented individuals, public and private companies, utilities, and not-for-profit entities in a variety of real estate matters, including: Leasing and Other Space Transactions: Ms Connery has negotiated office, loft, retail, and industrial space leases, garage leases, ground leases, easements, and licenses. Purchases and Sales: As part of her commercial practice Ms. Connery also has represented clients in the purchase and sale of office buildings, loft buildings, industrial buildings, and other commercial space; negotiated tenant buyouts in connection with such acquisitions; and overseen the real estate aspects of government-granted economic benefits. Ms. Connery also represents her private and corporate clients in the purchase and sale of residential real estate, including cooperative apartments, condominiums, and houses. Lending: She has represented both lenders and borrowers in residential and commercial mortgage loans. Cooperatives and Condominiums: Ms Connery’s practice includes conversions of buildings to cooperatives, and the general representation of both cooperatives and condominiums. General: Ms. Connery’s real estate practice involves her in a variety of real estate related matters, including brokerage issues, construction issues, trespass claims, partition litigation, and other matters. Before practicing law, Ms. Connery taught high school biology, chemistry and physics.

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