Words and Phrases - "sublease"

The sublessor and subtenant signed a document prior to October 9, 2020 to sublease the real property at issue. Consent of the landlord was required for the sublessor to sublease the real property. However, the landlord did not sign the document until October 9, 2020. Regarding whether this satisfied the “before October 9, 2020” requirement, CRA first noted (citing Sussex Square) that the sublease would instead would be an assignment if it were for all of the sublessor’s remaining term (in which case, such “before” condition would not have to be satisfied), and then stated:

[I]n an actual sublease of real property, the only parties to the sublease are the sublessor and the subtenant. Unlike an assignment, the actual landlord of the real property is generally not a party to the sublease. Furthermore, depending on the circumstances, a sublease that was executed without the required consent of the landlord may still be effective and binding between the sublessor and the subtenant (i.e., a written agreement).

... [A]ssuming that the sublease is an actual sublease (and not an assignment), the fact that the landlord failed to sign the sublease until October 9, 2020 would not necessarily preclude the sublease from being a written agreement entered into before October 9, 2020.

…[T]here are other factors that may affect [this] determination … . For example, the sublease itself may contain a condition stipulating that the agreement would not take effect until the signature of the landlord was procured.