This office lease is extremely harsh on the subtenant and grants no non-disturbance rights or any other protections.
Texas Attornment Provision in a Sublease
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How to fill out Attornment Provision In A Sublease?
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FAQ
Thus, when the tenant retains some right of reentry onto the leased premises, the law deems the transfer a sublease. On the other hand, if the tenant transfers the entire leasehold estate, retaining no right of reentry or other reversionary interest, the transfer is an assignment.
In Texas, subleasing is governed by Texas Property Code 91.005. This rule states that you may not rent the property without your landlord's consent during your lease. Your lease will usually tell you if subleasing is allowed.
Under Texas law, if the lease does not provide otherwise, an assignment or sublease always requires the prior consent of the landlord.
A sublease clause is a provision in a lease agreement that allows the tenant to rent out all or part of the leased property to another person. This can be useful if the tenant wants to reduce their rental expenses or if they need to vacate the space before the end of their lease term.
The primary effect of an SNDA is that the tenant agrees to subordinate its lease to the mortgage in exchange for the lender agreeing not to disturb the tenant if the lender forecloses its superior security interest in the real property.
Peace and Quiet Your rights as a tenant include the right to "quiet enjoyment," a legal term. This means your landlord cannot evict you without cause or otherwise disturb your right to live in peace and quiet. If other tenants in your building are disturbing you, you should complain to the landlord.
The attornment clause requires tenants to acknowledge any new owner of the property as the landlord.
Section 91.005, Texas Property Code. If a tenant sublets without the consent of the landlord, the landlord may evict the subtenant and sue the original tenant for any damages, such as the cost of evicting the subtenant, or damages caused by the subtenant, during the subletting arrangement.
