This office lease is extremely harsh on the subtenant and grants no non-disturbance rights or any other protections.
Nebraska Attornment Provision in a Sublease: A Detailed Description In the context of a sublease agreement in Nebraska, an attornment provision is an important legal clause that addresses the relationship between the subtenant and the landlord in case of a default or termination of the original lease. An attornment provision, also known as an "attornment clause," is primarily incorporated to offer protection to both the landlord and the subtenant. It ensures that in the event of a lease termination or foreclosure, the subtenant acknowledges and agrees to recognize the new landlord or entity who acquires the premises through foreclosure or otherwise, as the new landlord. Under Nebraska law, there are generally two types of attornment provisions that may be included in a sublease agreement: 1. Conditional Attornment: This type of attornment provision comes into effect only if the original lease is terminated or the premises are foreclosed upon by the landlord's lender. In such cases, the subtenant agrees to recognize the newly appointed landlord and continue paying rent directly to them. The conditional attornment provision allows for the subtenant to maintain their rights to the premises as long as they fulfill their obligations under the sublease. 2. Immediate Attornment: In contrast to the conditional attornment provision, an immediate attornment provision requires the subtenant to automatically recognize any new landlord or entity that acquires the property, regardless of the circumstances. This means that even if the sublessor defaults or the original lease terminates, the subtenant must acknowledge the new landlord without any conditionality. They will then be obligated to pay rent directly to the new landlord as per the terms of the sublease. It is important for both landlords and subtenants to carefully consider the attornment provisions when drafting or signing a sublease agreement in Nebraska. These provisions establish a clear framework for the continuation of the subtenant's occupancy rights and help protect the interests of all parties involved. To ensure the enforceability of attornment provisions, it is advisable to consult with a legal professional experienced in commercial real estate and subleases in Nebraska. Their expertise will help in crafting a comprehensive attornment provision and addressing any specific concerns or requirements that may arise during the sublease negotiation process.
