This office lease is extremely harsh on the subtenant and grants no non-disturbance rights or any other protections.
Delaware Attornment Provision in a sublease is a crucial legal clause that outlines the tenant's consent to recognize and attorn to a new landlord in the event of a transfer of the leased property. This provision is particularly significant in Delaware, as it helps protect the rights and interests of all parties involved in a sublease agreement. The Delaware Attornment Provision ensures that if the original landlord transfers their interest in the property to a new owner, the subtenant (the tenant of the original tenant) must acknowledge and accept the new landlord. This provision is designed to prevent any disruptions or uncertainties in the subtenant's occupancy or lease agreement. Having a Delaware Attornment Provision in a sublease provides security to both the subtenant and the new owner in case of a transfer. The provision aims to eliminate any potential disputes regarding the sublease's validity or the subtenant's obligation to the new landlord. It solidifies the subtenant's recognition of the new landlord as the rightful owner and provides reassurance that the terms of the sublease will remain intact under the new ownership. There are various types of Delaware Attornment Provisions that can be included in a sublease agreement, depending on the specific circumstances and preferences of the parties involved. Some common types include: 1. Basic Attornment Provision: This is a straightforward provision that obliges the subtenant to attorn to any new landlord upon a transfer of ownership, regardless of the specific details of the transfer. 2. Limited Attornment Provision: This provision places limitations or conditions on the subtenant's obligation to recognize and attorn to a new landlord. For example, it may specify that the subtenant's attornment is only required if the new landlord agrees to honor the terms of the existing sublease. 3. Specialized Attornment Provision: In certain cases, the sublease may include a provision tailored to a specific situation, such as when the subtenant is an assignee of the original tenant. This provision would define the subtenant's attornment obligations in light of their assignee status. 4. Non-Attornment Provision: Although uncommon, a sublease agreement may contain a clause explicitly stating the subtenant's refusal to attorn to any new landlord. This provision may be included to provide the subtenant with additional protection or leverage in negotiating with a potential new owner. In conclusion, the Delaware Attornment Provision in a sublease is an essential component that safeguards the rights and responsibilities of the subtenant, original tenant, and the new landlord in case of a transfer of ownership. It ensures a smooth transition and provides clarity regarding the subtenant's allegiance to the new landlord. Depending on the unique circumstances, various types of Attornment Provisions can be incorporated into a sublease to address specific needs and preferences of the parties involved.
