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What is an Attornment?

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  • Written By: Mary McMahon
  • Edited By: O. Wallace
  • Last Modified Date: 27 August 2016
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An attornment is a situation in which someone recognizes and accepts the transfer of legal rights. The classic situation in which attornments occur is when a property sells, and tenants of the property recognize the buyer as their new landlord. People can also recognize the rights of a court which normally has no jurisdiction over them by attorning. There are a number of ways in which someone can attorn, ranging from signing a formal agreement to staying in a rental property after the sale to indicate acceptance of a new landlord.

The roots of this concept lie in feudalism. When a lord wanted to sell or transfer property, the property rights could not be transferred without the consent of the tenants. This proceeding was designed to give tenants a chance to refuse a new lord if they wanted to. In the modern era, tenants cannot block the sale or transfer of property by refusing to attorn, but they can opt to leave without penalty, unless an attornment clause has been included in their lease.

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If a lease agreement includes an attornment clause, it means that the tenant agrees to honor a new landlord if the property changes hands while the tenant's lease is still good. The new landlord, in turn, must agree to honor the terms of the lease. In situations where an attornment clause has not been added to a lease, tenants are informed when the property is sold and they have the option of staying and possibly signing a form to indicate that they recognize the new landlord, or leaving.

The attornment clause is one of the many reasons why tenants should always read their lease agreements carefully, and ask to have portions which they do not understand explained before they sign. For a long lease or a complex commercial lease, it is advisable to consult a lawyer to review the terms of the lease agreement and confirm that they are favorable and acceptable. It may be especially important to be aware of the presence or lack thereof of an attornment clause.

If a tenant's landlord does indicate that a property is being sold or repossessed by a bank, tenants should familiarize themselves with the options if an attornment clause is not part of the lease. Tenants may want to be aware that although they may be able to opt to attorn, the new owner may or may not honor the terms of the lease.

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Discuss this Article

MrMoody
Post 2

@hamje32 - Actually, you would have noticed if such a change had happened. I think you would have received a notice of attornment in the mail telling you who the new landlord will be.

In most circumstances, you probably should not care about the transfer, unless your new landlord turns out to be a nightmare. Of course, you can’t know these things in advance; but like the article says, your commitments in either case should be spelled out in the lease agreements.

I think that most landlords of rental complexes are typically reasonable people however.

hamje32
Post 1

I lived in an apartment for a number of years before finally owning a house. I’ve never knowingly signed anything like an attornment agreement; it may have been hidden in the fine print of my lease, but I didn’t know about it if it did.

Honestly, I don’t think I would have cared either way about the transfer of the property to a new landlord. My main concerns as a tenant were peace and quiet, cleanliness, secure surroundings and affordable rent.

I probably wouldn’t even have noticed if the property changed landlords, and I suspect most tenants would not have noticed either.

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