This office lease is extremely harsh on the subtenant and grants no non-disturbance rights or any other protections.
Arkansas Attornment Provision in a Sublease: Explained In the realm of real estate and commercial leasing, a sublease refers to an agreement where the original tenant (the sublessor) leases all or a portion of the leased premises to another tenant (the sublessee). Amidst a sublease, an important contractual provision known as the "attornment provision" defines the relationship between the sublessee and the original landlord. This provision establishes the sublessee's obligation to recognize the original landlord as the new landlord in the event of a disturbance in the original tenancy. Arkansas, like many other states, has its own specific laws and regulations governing subleases and attornment provisions. Understanding these provisions and their implications is crucial for both sublessors and sublessees involved in commercial real estate transactions within the state. The Arkansas attornment provision in a sublease typically comprises language outlining the sublessee's agreement to recognize the original landlord if the sublessor's lease agreement is terminated or the sublessor fails to fulfill their lease obligations. In such instances, the sublessee agrees to attorn to the original landlord and be bound by the terms and conditions of the sublessor's original lease agreement. Types of Arkansas Attornment Provisions in a Sublease: 1. Full Attornment: This type of attornment provision requires the sublessee to fully recognize and attorn to the original landlord as if he or she were the original tenant. The sublessee acknowledges the landlord's rights, obligations, and responsibilities as outlined in the original lease agreement. Essentially, the sublessee becomes a direct tenant of the original landlord. 2. Limited Attornment: In this scenario, the sublessee agrees to acknowledge the original landlord, but with certain limitations. The limitations may include specific terms or conditions in the sublease itself or additional negotiated terms between the sublessee and the original landlord. This provision grants the sublessee a measure of protection and control over the terms of their sublease, despite attorning to the original landlord. 3. No Attornment: Although less common, a sublease may include a provision explicitly stating that attornment will not occur. This provision is typically advantageous for sublessees, as they are not required to recognize the original landlord as their new landlord if the sublessor's lease is terminated. When engaging in sublease agreements in Arkansas, it is crucial for both parties involved to thoroughly read and understand the attornment provision. This provision not only protects the rights and responsibilities of the sublessee but also ensures compliance with Arkansas laws governing subleasing. In sum, the Arkansas attornment provision in a sublease establishes the sublessee's obligation to recognize the original landlord and abide by the terms of the original lease agreement. Whether it is a full attornment, limited attornment, or no attornment provision, understanding the specific provisions and their implications is essential for a smooth and legally sound sublease transaction.
