This office lease is extremely harsh on the subtenant and grants no non-disturbance rights or any other protections.
The Maryland Attornment Provision in a sublease is a legal provision that establishes the agreement between the subtenant and the landlord in the event of a lease termination or default by the original tenant. This provision ensures that the subtenant recognizes the landlord as the new landlord or successor of the original lease, and agrees to attorn (or accept) the tenancy of the premises to the landlord. In Maryland, there are different types of Attornment Provision in a Sublease that can be included, depending on the specific agreement and circumstances: 1. Absolute Attornment Provision: This provision requires the subtenant to unconditionally recognize the landlord as the new landlord, regardless of any default or termination of the original lease by the tenant. It means that the subtenant's rights and obligations will be directly enforceable by the landlord. 2. Conditional Attornment Provision: This provision makes the subtenant's attornment contingent upon certain conditions, such as the landlord's performance of obligations under the original lease or the landlord's agreement to assume all existing rights and obligations of the tenant. 3. Attornment Provision with Non-Disturbance Agreement: This type of provision provides the subtenant with protection against potential disruptions in their tenancy due to a default or termination by the original tenant. It includes a separate non-disturbance agreement between the landlord and the subtenant, which ensures that the subtenant's rights and leasehold interests will not be affected by any actions taken by the landlord against the original tenant. 4. Partial Attornment Provision: This provision allows the subtenant to attorn to the landlord only for a specific portion of the leased premises, while maintaining a direct relationship with the original tenant for the remaining portion. Including an Attornment Provision in a sublease is crucial, as it helps establish a clear understanding between the subtenant and the landlord, minimizing potential disputes and ensuring a smooth transition in case of any issues with the original tenant. It is advisable to consult a legal professional to draft or review the specific provisions to ensure compliance with Maryland laws and protect the rights and interests of all parties involved.
