Agreement for Lease Conditional on Surrender: What You Need to Know

If you`re a tenant looking to lease a new property, you may come across an Agreement for Lease Conditional on Surrender (AFLOS). This type of agreement is becoming increasingly common in the world of commercial real estate and can have significant implications for tenants. As a professional, I`ll explain everything you need to know about AFLOS and how it may impact you.

What Is an Agreement for Lease Conditional on Surrender (AFLOS)?

AFLOS is an agreement between a landlord and tenant that is conditional on the tenant surrendering their existing lease. This means that the new lease agreement will only be effective once the tenant has vacated their current property and returned it to the landlord. In other words, the tenant must give up their existing lease before they can enter into a new one.

Why Do Landlords Use AFLOS?

Landlords may use AFLOS for several reasons. Firstly, it allows them to avoid potential disputes with the existing tenant over early termination or breach of contract. It also ensures that the property is vacant when the new tenant takes possession, making the handover process smoother. Additionally, AFLOS may provide landlords with greater flexibility to market and lease their property, as they can secure a new tenant before the existing one has fully vacated.

What Does AFLOS Mean for Tenants?

For tenants, AFLOS means that they must give up their existing lease before entering into a new one. This can be a significant decision, particularly if the new property is not yet ready for occupancy. Tenants must carefully evaluate the terms of their existing lease and ensure that they can fulfil any obligations before agreeing to an AFLOS.

Additionally, tenants may experience a gap between when they must vacate their current property and when their new one will be ready for occupancy. This can cause significant disruption to their business operations and may result in additional costs such as storage fees or temporary accommodation.

What Should Tenants Consider Before Accepting an AFLOS?

If you are a tenant considering an AFLOS, there are several key factors you should consider before agreeing to the terms. Firstly, review the terms of your existing lease and ensure that you can fulfil any obligations before vacating the property. Consider the timing of the handover and whether it aligns with your business operations.

Additionally, carefully review the terms of the new lease agreement and ensure that they meet your business needs. Consider the duration of the lease, rent, and any other obligations you will be required to fulfil. It may also be worth seeking legal advice to ensure that you fully understand the implications of an AFLOS and how it may impact you.

Final Thoughts

AFLOS is becoming an increasingly common agreement in commercial real estate. While it may provide landlords with greater flexibility and reduce potential disputes, it can have significant implications for tenants. Before agreeing to an AFLOS, tenants must carefully evaluate the terms of their existing lease, review the terms of the new lease agreement, and consider the timing of the handover. With careful consideration, tenants can avoid any potential disruptions to their business operations and ensure that their new lease is a good fit for their needs.