This office lease is extremely harsh on the subtenant and grants no non-disturbance rights or any other protections.
Hawaii Attornment Provision in a Sublease
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State:
Multi-State
Control #:
US-OL2004
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Word;
PDF
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FAQ
Warranty of Habitability in Hawaii. In Hawai'i, a landlord's obligation for providing a habitable living space is primarily governed by HRS § 521-42. This legal requirement, commonly known as the ?implied warranty of habitability?, also outlines the rights of tenants when repairs are not made in a timely manner.
What is Subordination? Subordination is putting something in a lower position or rank. Therefore, a subordination agreement puts the lease below the mortgage loan in priority. Mortgage lenders want the leases to be subordinate to the mortgage. That way, the mortgage loan is paid first if there is a foreclosure.
What is an SNDA? A subordination, non-disturbance, and attornment clause outlines the rights of the tenant, landlord, and third parties with an interested in the property. Potential third parties included in an SNDA include a lender funding the building or a party buying the property.
A nondisturbance clause is a provision in a mortgage contract that ensures that a rental agreement between the tenant and the landlord will continue under any circumstances. This is done primarily to protect the renter from eviction by the mortgagor if the property is foreclosed upon by the lender.
Month-to-Month If the rental period is one month, the law requires that a landlord notify the tenant in writing at least 45 days before the date the landlord wants the tenant to move out. A tenant who wants to end the rental must give written notice to the landlord 28 days before moving.
§521-37 Subleases and assignments. (a) Unless otherwise agreed to in a written rental agreement and except as otherwise provided in this section, the tenant may sublet the tenant's dwelling unit or assign the rental agreement to another without the landlord's consent.
The attornment clause requires tenants to acknowledge any new owner of the property as the landlord.
Use Clauses This clause defines how the tenant can and can't use the property they're leasing. The use clause may be very specific, so it's important that you read its terms carefully.
