This office lease is extremely harsh on the subtenant and grants no non-disturbance rights or any other protections.
The Wisconsin Attornment Provision in a Sublease is a crucial clause within a sublease agreement that addresses the relationship between the subtenant, sublandlord, and the master landlord. By including this provision, the subtenant acknowledges and agrees to recognize the master landlord as the landlord in case of a default by the sublandlord. In simpler terms, the attornment provision ensures that the subtenant agrees to become a tenant directly under the master landlord if the sublandlord breaches the lease or fails to fulfill their obligations. This provision safeguards the rights of the master landlord by ensuring a smooth transition of the sublease in case of any issues arising from the sublandlord's actions. There are two common types of attornment provisions found in Wisconsin subleases: 1. Non-Disturbance Attornment Provision: This provision ensures that the subtenant's rights will not be disturbed or interfered with in case the master landlord decides to terminate the lease with the sublandlord due to a default. It offers protection to the subtenant by allowing them to continue their tenancy undisturbed, essentially recognizing their rights regardless of the breach by the sublandlord. 2. Stand-Ready Attornment Provision: This provision operates slightly differently from the non-disturbance provision. In the event of a default by the sublandlord, the stand-ready attornment provision allows the master landlord to terminate the sublease if they desire to do so. However, it also enables the subtenant to request the master landlord to allow them to assume the position of the sublandlord and step into their shoes directly, effectively continuing the lease under the master landlord's authority. Having a Wisconsin Attornment Provision in a Sublease is crucial for both sublandlords and subtenants. For sublandlords, it establishes their accountability towards the master landlord and ensures that they are not insulated from potential consequences arising from their actions. Subtenants, on the other hand, benefit from the provision as it assures them that their leasing rights will be protected in case of sublandlord default or non-compliance. To sum up, the inclusion of a Wisconsin Attornment Provision in a Sublease is a necessary step to protect the interests of all parties involved in the lease agreement. Both the non-disturbance and stand-ready attornment provisions serve to clarify the relationships between subtenants, sublandlords, and master landlords, creating a stable environment for all parties based on accountability and clear legal frameworks.
