A sublease is an agreement entered into between the original tenant (sublandlord) and a new tenant (subtenant) for the rental of all or a portion of a property. As with any lease agreement, a sublease requires specific clauses to protect the rights of the parties involved. In Fairfax, Virginia, the concept of attornment provision in a sublease holds significance for both sublandlords and subtenants. The attornment provision refers to a clause that establishes the subtenant's obligation to recognize and accept a new landlord in the event of the property's ownership transfer. This provision ensures a smooth transition of the sublease in case the property is sold or the original lease is terminated. It offers legal protection to subtenants, as a change in ownership might raise concerns regarding the continuity of their tenancy. Fairfax, Virginia recognizes two main types of attornment provisions in a sublease: 1. Automatic Attornment: This type of provision makes it mandatory for the subtenant to directly attorn to, and recognize, any new landlord introduced due to the sale or transfer of the property. The subtenant's responsibilities and obligations under the sublease remain unchanged, and they are bound to adhere to the terms and conditions of the original lease. 2. Conditional Attornment: This provision grants the subtenant the option to choose whether they wish to attorn to the new landlord. The subtenant may have the right to terminate the sublease or renegotiate the terms of their tenancy with the new landlord. This type of provision provides the subtenant with more flexibility and negotiating power in case of a change in ownership. Both types of attornment provision in a sublease aim to protect the subtenant's interests and maintain the stability of their tenancy. They ensure that the subtenant's rights and obligations are preserved regardless of any changes in the ownership of the property. For sublandlords, these provisions guarantee a seamless transfer of the sublease and the continuation of rental payments from the subtenant. When entering into a sublease, it is crucial for both sublandlords and subtenants in Fairfax, Virginia, to carefully review and negotiate the attornment provision to tailor it to their specific circumstances. Seeking legal advice and understanding the implications of each type of attornment provision can help ensure a fair and secure sublease arrangement for all parties involved.
Para su conveniencia, debajo del texto en espaƱol le brindamos la versiĆ³n completa de este formulario en inglĆ©s. For your convenience, the complete English version of this form is attached below the Spanish version.