Missouri Attornment Provision in a Sublease

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US-OL2004
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This office lease is extremely harsh on the subtenant and grants no non-disturbance rights or any other protections.

A Missouri attornment provision in a sublease is a legal clause that addresses the relationship between the subtenant and the landlord in the event of a transfer or assignment of the sublease. This provision aims to protect the interests of all parties involved, usually by ensuring that the subtenant agrees to recognize and accept the landlord as their new landlord without causing disruption to the lease agreement. In Missouri, there are variations of attornment provisions in subleases that can be included based on specific circumstances or requirements. Some key types of Missouri attornment provisions include: 1. Standard Attornment Provision: This type of attornment provision is commonly used in subleases and establishes the subtenant's agreement to recognize and accept the landlord as their new landlord in case of a transfer or assignment of the master lease. It also ensures that the subtenant will continue to abide by the terms and conditions of the original lease agreement. 2. Non-Disturbance Attornment Provision: In some cases, a subtenant may negotiate for a non-disturbance attornment provision, which adds a layer of protection for the subtenant. This provision ensures that if the landlord defaults or is in breach of their obligations under the master lease, the subtenant's right to occupy the premises will not be disturbed. 3. Optional Attornment Provision: This type of provision allows for flexibility and gives the subtenant the option to choose whether to attorn to the new landlord in the event of a transfer or assignment of the lease. This provision can be advantageous for subtenants who may have concerns about a new landlord or potential changes to the lease terms. While the specific language and terms of Missouri attornment provisions may vary, their purpose is to establish a legal framework for sublease transfers and protect the rights and obligations of all parties involved. It is important for both the subtenant and landlord to carefully review and negotiate these clauses to ensure a smooth transfer process and avoid any potential disputes or disruptions to the sublease agreement.

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A tenancy at will or by sufferance, or for less than one year, may be terminated by the person entitled to the possession by giving one month's notice, in writing, to the person in possession, requiring the person in possession to vacate the premises.

Cons: Insecurity: Tenants may face sudden eviction with a short notice period, which can be stressful and costly due to the need to find a new location quickly. Tenants may not be able to negotiate a favorable lease at a new location due to the time pressure, and changing locations is detrimental to customer traffic.

The attornment clause requires tenants to acknowledge any new owner of the property as the landlord.

Landlords should: Make property habitable before tenants move in. Make and pay for repairs due to ordinary wear and tear. Refrain from turning off a tenant's water, electricity or gas. Provide written notice to tenants when ownership of the property is transferred to a new landlord.

Although many states have laws requiring landlords to give prior notice to their tenants, in Missouri, there are no laws requiring it. That being said, landlords generally give their renters a 24 hours' notice prior to entering the rental unit.

An oral agreement obligates the landlord and tenant for only one month. A landlord can evict the tenant or raise rent with only one month's notice. Likewise, the tenant can give notice to vacate on one month's notice. (One month's notice means a full calendar month, and must include a full rental period.

Your landlord must provide safe, sanitary and livable housing conditions. (No mice or insect infestation, working plumbing, heat, ventilation, etc.) No retaliation. Your landlord may not retaliate against you for reporting housing code violations.

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Missouri Attornment Provision in a Sublease