This office lease is extremely harsh on the subtenant and grants no non-disturbance rights or any other protections.
Maine Attornment Provision in a Sublease: A Detailed Description An attornment provision in a sublease refers to a crucial contractual clause that outlines the relationship between a subtenant and a landlord when the property is sold or transferred to a new owner. In the state of Maine, this provision plays a significant role in clarifying the rights and obligations of the involved parties during such a scenario. This article will delve into the details of the Maine Attornment Provision in a Sublease, discussing its purpose, components, and potential types. Purpose of the Maine Attornment Provision: The primary objective of an attornment provision in a sublease is to ensure continuity and stability, protecting the subtenant's rights in case the property ownership changes hands. Maine, like many other jurisdictions, commonly includes this clause to establish a direct connection between the subtenant and the new landlord, safeguarding their leasehold interests and preventing any potential disruptions to their sublease arrangement. Components of the Attornment Provision: The Maine Attornment Provision in a Sublease typically consists of several key components, including: 1. Acknowledgment of Change in Ownership: This provision ensures that the subtenant acknowledges and consents to the change in ownership of the property. It legally binds the subtenant to recognize the new landlord as the rightful successor to the original landlord. 2. Continuity of Sublease: The attornment provision ensures the continuity of the sublease, meaning that the terms and conditions outlined in the original sublease will remain valid and enforceable under the new landlord. 3. Duty to Notify: This component establishes the subtenant's obligation to promptly notify the new landlord about the existence of the sublease, its terms, and any other pertinent details. This allows the new landlord to effectively manage the property and fulfill their responsibilities towards the subtenant. Types of Maine Attornment Provision in a Sublease: While the structure of the attornment provision may differ depending on the specific sublease agreement, some types commonly found in Maine include: 1. Automatic Attornment: This type states that upon a change in ownership, the subtenant's attornment to the new landlord is automatic and does not require any further action or notification. 2. Conditional Attornment: In this case, the subtenant's attornment to the new landlord is contingent upon certain conditions or requirements being fulfilled. For example, the subtenant might require the new landlord to provide written assurance that the sublease will be honored before acknowledging their attornment. 3. Voluntary Attornment: A voluntary attornment provision gives the subtenant the option to decide whether to recognize and accept the new landlord upon a change in ownership. This provision grants the subtenant more flexibility, allowing them to assess the new landlord's suitability before consenting to the attornment. In conclusion, the Maine Attornment Provision in a Sublease is a vital element that ensures the seamless transition of subtenant rights when the property changes ownership. By including this clause, both subtenants and landlords can have clearly defined expectations and legal protections in situations where ownership transfers occur. Whether it is an automatic, conditional, or voluntary attornment provision, the primary goal remains the same: safeguarding the subtenant's rights and preserving the stability of their sublease agreement.
