This office lease is extremely harsh on the subtenant and grants no non-disturbance rights or any other protections.
The Kansas Attornment Provision in a Sublease is a legal clause that governs the relationship between a tenant, subtenant, and the landlord in the state of Kansas. It addresses the issue of attornment, which refers to the act of a subtenant recognizing and accepting a new landlord in the event that the original lease is terminated or the property is sold. The Kansas Attornment Provision ensures that if the original lease is terminated or the property is sold, the subtenant agrees to recognize and attorn to the new landlord as their direct landlord. This provision becomes crucial as it establishes a legal relationship between the subtenant and the new landlord, protecting both parties' rights and obligations. There are several types of Attornment Provisions that may be included in a sublease agreement: 1. Automatic Attornment Provision: This clause states that the subtenant automatically recognizes and attorns to any new landlord, without the need for additional notice or consent. It is a straightforward provision that ensures a smooth transition in the event of a change in ownership. 2. Conditional Attornment Provision: This clause requires the subtenant to attorn to a new landlord only if specific conditions are met, such as the subtenant receiving notice of the change in ownership or the new landlord assuming the obligations of the original lease. This provision provides more protection to the subtenant and allows for negotiation or termination if the conditions are not met. 3. Inconsistent/Subordination Attornment Provision: This clause requires the subtenant to subordinate their lease to any blanket mortgage or superior lease that the landlord may have. In the event of foreclosure or a transfer of the property, the subtenant agrees to attorn to the new owner or landlord under the terms of the superior lease or mortgage. 4. Non-Attornment Provision: Although not directly an Attornment Provision, this type of clause prevents the subtenant from attorning to a new landlord. It may be included to protect the subtenant's interest, allowing them to terminate the sublease in the event of a change in ownership. 5. Notice of Attornment Provision: This clause ensures that the subtenant is provided with written notice of a change in ownership or the new landlord's identity. It requires the new landlord to notify the subtenant within a specified period, typically allowing the subtenant to exercise their rights, negotiate terms, or terminate the sublease, if desired. The specific type of Attornment Provision included in a sublease agreement will depend on the negotiations and agreement reached between the tenant, subtenant, and landlord. It is essential for all parties involved to carefully review and understand the Attornment Provision to ensure that their rights and obligations are adequately protected in the event of any changes.
