An Attornment Agreement is a formal recognition by a tenant of a change in the property’s ownership, thereby acknowledging the new landlord. This legal acknowledgment ensures that the tenant remains bound by the terms of the original lease agreement with the new landlord, providing stability and continuity in the landlord-tenant relationship.
Types of Attornment Agreements
Voluntary Attornment
This type occurs when a tenant willingly acknowledges the new landlord, often without needing additional legal enforcement, typically after a property sale.
Involuntary Attornment
In this scenario, legal action, such as court orders, compels the tenant to recognize the new landlord. This often occurs during foreclosure or property disputes.
Special Considerations
Legal Binding Nature
An Attornment Agreement is legally binding and must comply with local property laws and regulations to ensure enforceability.
Notification and Consent
Landlords and new property owners must provide timely notification to tenants about the ownership change, sometimes requiring tenant consent for attornment.
Protection Clause
Some agreements include non-disturbance clauses ensuring that tenants will not face eviction or lease termination as long as lease obligations are met.
Examples
-
Sale of Property: Tenant A leases an apartment. The apartment building is sold to a new owner. Tenant A signs an Attornment Agreement with the new owner, acknowledging them as the landlord.
-
Foreclosure: Tenant B leases a commercial space in a building which undergoes foreclosure. The new owning entity requires Tenant B to sign an attornment agreement to recognize the new landlord.
Historical Context
The use of attornment agreements dates back to common law traditions, where a tenant’s acknowledgment of a new lord was pivotal for continuity of tenancy under feudal systems. As modern real estate laws evolved, the concept adapted into current legal frameworks to maintain tenant rights and property value stability.
Applicability
Real Estate Transactions
Ensures smooth transition and recognition of new landlords in residential and commercial real estate deals.
Legal Proceedings
Used in court-ordered property transfers ensuring tenants’ acknowledgment and compliance with new ownership.
Comparisons
-
Novation: In contract law, novation replaces an original party with a new one, creating a new contract. In contrast, attornment does not alter existing lease terms but acknowledges change in landlord identity.
-
Lease Assignment: Similar to novation, an assignment transfers lease rights from one tenant to another, while attornment pertains to landlord change recognition.
Related Terms with Definitions
-
Lease Agreement: A contract outlining the terms under which one party agrees to rent property from another.
-
Non-Disturbance Agreement: Ensures tenant rights under lease, even if property ownership changes.
-
Subordination Agreement: An agreement prioritizing the claim of one creditor over another, often important in property sales and mortgages.
FAQs
What happens if a tenant refuses to sign an attornment agreement?
Is an attornment agreement necessary for all property sales?
Can attornment agreements modify lease terms?
References
- Smith, J. (2022). Real Estate Law for Beginners.
- Johnson, L., & Lee, M. (2021). Landlord-Tenant Laws Explained.
- American Bar Association. (2020). Guide to Lease Agreements and Property Transactions.
Summary
An Attornment Agreement is a vital legal tool in real estate, facilitating smooth transitions in property ownership by formally acknowledging new landlords. It ensures continuity and stability in lease arrangements, benefiting both tenants and landlords by clearly defining and maintaining existing lease terms under new ownership.
