This office lease is extremely harsh on the subtenant and grants no non-disturbance rights or any other protections.
Massachusetts Attornment Provision in a Sublease: A Comprehensive Guide Introduction: An attornment provision in a sublease agreement is a crucial element that outlines the rights and obligations of the parties involved in a sublease transaction. In the state of Massachusetts, the attornment provision plays a vital role in establishing the relationship between the subtenant, sublandlord, and the original landlord. This article aims to provide a detailed description of the Massachusetts Attornment Provision in a sublease, shed light on its importance, and highlight any notable types of attornment provisions commonly seen in sublease agreements. Definition and Significance of Attornment Provision: An attornment provision is a contractual clause in a sublease agreement that requires the subtenant to recognize and accept the original landlord as their new landlord, in case the property is foreclosed upon or the original lease is terminated. It is a legally binding clause designed to safeguard the interests of all parties involved in the sublease transaction. By including an attornment provision, the subtenant agrees to attorn (legally acknowledge) to the original landlord, allowing them to step into the shoes of the sublandlord in the event of default or termination. This provision ensures that the subtenant's rights are protected and continues the tenancy under the original lease terms, even if ownership of the property changes. It grants stability and continuity for the subtenant while offering the original landlord control over their property. Types of Massachusetts Attornment Provision in a Sublease: 1. Basic Attornment Clause: — This is a standard attornment provision included in most Massachusetts subleases. It simply states that the subtenant shall attorn to the original landlord in the event of a default or termination of the original lease. 2. Subordination of Sublease: — This type of attornment provision primarily deals with the sublease's priority relative to the original lease. It establishes that the sublease is subject to the terms, conditions, and obligations of the original lease. This provision ensures that the subtenant complies with all the terms agreed upon in the original lease agreement. 3. Recognition of Landlord's Rights: — This attornment provision focuses on recognizing the rights and powers of the original landlord. It states that the subtenant acknowledges the authority of the original landlord, enabling them to enforce the terms of the original lease agreement. 4. Estoppel Certificate: — An attornment provision may also require the subtenant to furnish an estoppel certificate upon request by the landlord. This certificate verifies certain facts and statements surrounding the sublease, such as the lease term, rental payments, and any other relevant information. It protects the original landlord when dealing with potential buyers or lenders. Conclusion: The Massachusetts Attornment Provision in a sublease is a crucial aspect that ensures a seamless transition of lease responsibilities and protects the rights of subtenants and landlords. It encompasses various types of provisions such as basic attornment clauses, subordination of sublease, recognition of landlord's rights, and estoppel certificates. By familiarizing themselves with these provisions, tenants, sublandlords, and original landlords can ensure a smooth and legally binding sublease transaction in Massachusetts.
