Real Estate Glossary

What is Waiver of Subrogation (In a Lease)?

A waiver of subrogation in a lease is a provision that prevents the landlord or tenant from seeking reimbursement from the other party for any damages or losses that may occur on the property. Subrogation is the legal right to step into the shoes of another party and pursue a claim or legal action against a third party. So when a tenant or landlord waive subrogation, they're agreeing to not pursue a claim against the other party if any damages occur during the lease. This is usually included in commercial leases, to ensure that the landlord or tenant will not seek reimbursement from the other party for damages caused by fire or other hazards.

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