Chicago Illinois Attornment Provision in a Sublease: A Comprehensive Explanation In the realm of real estate and leasing agreements, an "attornment provision" is a clause often included within a sublease to establish the obligations and rights between the subtenant, sublandlord, and landlord. Specifically in the scenario of Chicago, Illinois, this provision becomes particularly important due to the unique legal framework and regulations governing landlord-tenant relationships in the city. The Chicago Illinois Attornment Provision in a Sublease serves as a mechanism to protect all parties involved by outlining the subtenant's acknowledgment and agreement to recognize the landlord if the master lease is terminated or if the ownership of the property changes hands. Essentially, it establishes the subtenant's consent to attorn (except a new landlord) in the event of such circumstances. Within Chicago, there are several types of attornment provisions that can be utilized in a sublease, each serving a distinct purpose. They are as follows: 1. Basic Attornment Provision: This standard provision requires the subtenant to recognize and attorn to any new landlord or owner of the property, in case of the termination of the master lease or the transfer of property ownership. It aims to maintain continuity in the subtenant's lease rights and obligations. 2. Limited Attornment Provision: In some cases, a subtenant may be hesitant to blindly attorn to any new landlord without certain conditions and qualifications. A limited attornment provision grants the subtenant the right to attorn only if the new landlord meets predetermined criteria. These criteria may include financial stability, reputation, or adherence to pre-existing lease terms. 3. Conditional Attornment Provision: Similar to the limited attornment provision, a conditional attornment provision sets specific conditions and terms that must be met by the new landlord for the subtenant to attorn. It provides the subtenant with additional protections and ensures a smooth transition in case of any changes in property ownership. 4. No Attornment Provision: While attornment provisions are typically included in subleases, it is also possible to have a sublease without such a clause. In this case, the subtenant is not obliged to attorn to a new landlord in the event of lease termination or property ownership transfer. However, it is crucial to consult legal professionals to fully understand the implications of excluding this provision. In conclusion, the Chicago Illinois Attornment Provision in a Sublease plays a vital role in safeguarding the interests of the subtenant, sublandlord, and landlord. It establishes the subtenant's agreement to accept a new landlord if the master lease terminates or if property ownership changes hands in accordance with various attornment provisions such as basic, limited, conditional, or no attornment provisions. These provisions are essential to ensure a seamless transition and maintain lease rights for all parties involved.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.