Attornment refers to the agreement of a tenant to recognize a new landlord after the ownership of a property has changed. This means that the tenant agrees to continue their lease under the new landlord's management. Additionally, attornment can also refer to the act of transferring money or goods to another party.
Attornment is commonly used in real estate law, particularly in landlord-tenant relationships. When a property is sold or transferred, the tenant's attornment is crucial for ensuring that the lease remains valid and enforceable under the new ownership. This concept is relevant in civil law, especially in matters involving leases and property rights. Users can manage related forms and agreements through resources like US Legal Forms, which offer templates drafted by legal professionals.
Here are a couple of examples of abatement:
Example 1: A commercial tenant continues to operate their business in a leased space after the property is sold to a new owner. The tenant signs an attornment agreement to acknowledge the new landlord.
Example 2: A residential tenant receives a notice from their landlord about a change in ownership and is asked to sign an attornment document to confirm their lease with the new landlord. (hypothetical example)
| State | Attornment Requirements |
|---|---|
| California | Requires written notice of attornment to be provided to the tenant. |
| New York | Attornment is implied unless the tenant objects. |
| Texas | Attornment may be established through the tenant's actions. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| Subordination | The process of ranking one lease or lien below another. | Subordination involves prioritizing claims, while attornment focuses on tenant acknowledgment of a new landlord. |
| Assignment | Transferring a tenant's rights and obligations under a lease to another party. | Assignment involves transferring lease rights, whereas attornment is about recognizing a new landlord. |
If you receive a notice of property ownership change, review any attornment agreement carefully. It's important to understand your rights and obligations under the new landlord. You may want to consult with a legal professional for guidance. Additionally, you can explore US Legal Forms for templates related to attornment and landlord-tenant agreements.
If you refuse to attorn, you may risk losing your tenancy rights, as the lease may not be enforceable.
