Definition
Attornment is a legal term in property law that refers to a tenant’s formal agreement to acknowledge a new owner or landlord of the property as their landlord. This process typically happens when the property is sold or transferred, and the tenant is required to recognize the new owner as their landlord and uphold their lease terms. Attornment ensures continuity of the rental agreement and clarifies the tenant’s obligations under the new landlord’s ownership.
Examples
Sale of a Property: When a landlord sells a rental property, the new owner becomes the landlord. The tenant must attorn to the new landlord, acknowledging that their lease continues under the new ownership.
Foreclosure: In a foreclosure process, if the property is repossessed by the bank or a third party, tenants may be required to attorn to the new owner to maintain their tenancy.
Inheritance: If a rental property is inherited by an individual or entity, the existing tenants must attorn to the inheritor as their new landlord to ensure the lease status is maintained.
Frequently Asked Questions (FAQs)
Q1: What happens if a tenant refuses to attorn to a new landlord?
- If a tenant refuses to attorn, the new landlord may take legal action to enforce tenancy, or the tenant may face eviction for non-compliance.
Q2: Is an attornment agreement required in all property sales?
- Not all property sales require formal attornment, but it is common in commercial leases and other complex property transactions to ensure all parties understand the changes in ownership.
Q3: How does attornment differ from estoppel?
- Attornment is a tenant’s acknowledgment of a new landlord, whereas estoppel is a legal principle preventing a person from making assertions contradictory to previously declared statements if it would harm another party who relied on those statements.
Q4: Can attornment terms be included in the original lease?
- Yes, many leases include attornment clauses specifying that the tenant must attorn to any future owner or successor of the property.
Q5: When should a tenant attorn to a new landlord?
- The tenant should attorn as soon as ownership of the property is legally transferred and official notification is provided.
Related Terms
- Estoppel: A legal principle stopping someone from arguing something contrary to a claim made or position taken earlier, if it would’ve adversely affected another party who relied on the original claim.
- Leasehold Estate: An interest in real property that is held under a lease.
- Sublease: An arrangement where the tenant leases the rented property to another, maintaining the primary responsibility to the property.
Online References
Suggested Books for Further Studies
- Gleeson, Michael. Principles of Property Law. Cambridge University Press, 2020.
- Smith, Roger. Property Law. Pearson Education Limited, 2018.
- Garner, Brian A. Black’s Law Dictionary. Thomson Reuters, 2019.
Fundamentals of Attornment: Property Law Basics Quiz
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