Drafting Assignment and Subleasing Clauses in Commercial Leases: What works and what doesn’t

Oscar R. Rivera | Siegfried Rivera

Oscar R. Rivera specializes in Real Property and Shopping Center Law and heads the Real Estate Practice Group and is the managing shareholder of Siegfried Rivera, a nationally recognized real estate and construction law firm based in Coral Gables, Florida. He completed his undergraduate studies in accounting at the University of Miami and received his Juris Doctor from Georgetown University. Since 1982 he has represented numerous developers, investment companies, retailers and management companies throughout the United States and Latin America. He maintains an “AV” rating from Martindale-Hubbell.

Mr. Rivera has held several leadership positions within the International Council of Shopping Centers (ICSC), the global trade association of the shopping center industry. He has served as the Florida State Director and been a member of the faculty and dean of law at the ICSC University of Shopping Centers at Wharton, Divisional Government Affairs Chairman for the seven-state Southern Division, Florida Government Affairs Committee Chairman and Florida State Director. He has also served as conference chairman of the 1998 Florida Law Symposium; 1997 Conference of the Americas; 2006 US Shopping Center Law Conference and 2012 Florida Conference. He is a recipient of the ICSC Trustees Distinguished Service Award and is also director and officer of the Florida Shopping Centers Political Action Committee.

Mr. Rivera lectures on various corporate and real estate topics throughout the United States and South America. He is listed in Who’s Who in American Law and Who’s Who in Florida’s Latin Community. His works include “Anatomy of a Lease”, “Entertainment Center Leases: Theater, Restaurant and Other Idiosyncratic Issues”, “Rent, Operating Expenses, Marketing and Other Monetary Issues”, “Basic Issues in Commercial Leases”, “Navigating Through the De-Malling Maze”, and “Formation and Preparation of the Governing Documents for Homeowners and Condominium Associations.”

He is admitted to the Florida Bar (US District Court, Southern District of Florida) and US Tax Court, and is a member of the American Bar Association (Real Property, Probate and Trust Law sections) and the Cuban-American Bar Association. Active in his community, Mr. Rivera is a member of the Kiwanis Club of Little Havana.

I. Essential provisions to be included | 11:00am – 11:20am

II. Key Differences between Assignment and Sublease | 11:20am – 11:40am

III. Standards of Reasonableness | 11:40am – 12:00pm

Break |12:00pm – 12:10pm

IV. Information to be provided for consideration of a request to assign | 12:10pm – 12:25pm

V. Fees to be paid by tenant | 12:25pm – 12:40pm