Montana Attornment Agreement between Lessor and Sublessee of Lessee

• Category: Landlord Tenant - Subordination
• State: Multi-State
• Control #: US-0187BG
• Format: Word; Rich Text

Description

This form is an attornment agreement between lessor and sublessee of lease. A Montana Attornment Agreement between Lessor and Sublessee of Lessee is a legal document signed between the original tenant (lessee), the landlord (lessor), and the sublessee. This agreement outlines the rights and obligations of the sublessee in the event of a transfer of the lease. In Montana, there are two types of Attornment Agreements between Lessor and Sublessee of Lessee: the Consent to Sublease Agreement and the Subordination, Non-Disturbance, and Attornment Agreement (SODA). 1. Consent to Sublease Agreement: A Consent to Sublease Agreement is used when the original tenant wants to transfer the lease responsibilities to another party known as the sublessee. This agreement requires the lessor's consent, as they need to approve the sublessee and agree to the sublease terms. The original tenant remains responsible for the lease and guarantees the performance of the sublessee. 2. Subordination, Non-Disturbance, and Attornment Agreement (SODA): An SODA is typically used when a property undergoes a change in ownership, such as a sale or foreclosure. It is an agreement between the new owner (lessor), the original tenant (lessee), and the sublessee. The SODA acknowledges the sublessee's rights to occupy the premises despite the change in ownership. This agreement ensures that the sublessee's occupancy will not be disturbed by the lessor or any future actions taken by the lessor, such as eviction, as long as the sublessee fulfills their obligations under the sublease agreement. In both types of Attornment Agreements, it is essential to include the following key elements: 1. Parties involved: Clearly state the names and addresses of the lessor, lessee, and sublessee. 2. Property description: Provide a detailed description of the leased premises, including the address and any related identifiers. 3. Lease details: Include the original lease's start and end dates, lease terms, and any limitations or restrictions on subletting. 4. Sublease terms: Clearly outline the terms of the sublease agreement, such as the sublessee's responsibilities, rent payment, and any additional terms or conditions. 5. Consent and attornment: In the Consent to Sublease Agreement, the lessor's consent to the sublease should be clearly stated. In the SODA, the original tenant's attornment to the new lessor should be stated. 6. Non-disturbance clause: In the SODA, include a clause that ensures the sublessee's right to occupy the premises will not be disturbed by any actions taken by the lessor. 7. Applicable law: Clearly mention that the agreement is governed by the laws of Montana. It is crucial for all parties involved to seek legal advice and draft these agreements with specific details relevant to their situation. Each agreement should be tailored to meet the unique circumstances and requirements of the lessor, lessee, and sublessee.

A Montana Attornment Agreement between Lessor and Sublessee of Lessee is a legal document signed between the original tenant (lessee), the landlord (lessor), and the sublessee. This agreement outlines the rights and obligations of the sublessee in the event of a transfer of the lease. In Montana, there are two types of Attornment Agreements between Lessor and Sublessee of Lessee: the Consent to Sublease Agreement and the Subordination, Non-Disturbance, and Attornment Agreement (SODA). 1. Consent to Sublease Agreement: A Consent to Sublease Agreement is used when the original tenant wants to transfer the lease responsibilities to another party known as the sublessee. This agreement requires the lessor's consent, as they need to approve the sublessee and agree to the sublease terms. The original tenant remains responsible for the lease and guarantees the performance of the sublessee. 2. Subordination, Non-Disturbance, and Attornment Agreement (SODA): An SODA is typically used when a property undergoes a change in ownership, such as a sale or foreclosure. It is an agreement between the new owner (lessor), the original tenant (lessee), and the sublessee. The SODA acknowledges the sublessee's rights to occupy the premises despite the change in ownership. This agreement ensures that the sublessee's occupancy will not be disturbed by the lessor or any future actions taken by the lessor, such as eviction, as long as the sublessee fulfills their obligations under the sublease agreement. In both types of Attornment Agreements, it is essential to include the following key elements: 1. Parties involved: Clearly state the names and addresses of the lessor, lessee, and sublessee. 2. Property description: Provide a detailed description of the leased premises, including the address and any related identifiers. 3. Lease details: Include the original lease's start and end dates, lease terms, and any limitations or restrictions on subletting. 4. Sublease terms: Clearly outline the terms of the sublease agreement, such as the sublessee's responsibilities, rent payment, and any additional terms or conditions. 5. Consent and attornment: In the Consent to Sublease Agreement, the lessor's consent to the sublease should be clearly stated. In the SODA, the original tenant's attornment to the new lessor should be stated. 6. Non-disturbance clause: In the SODA, include a clause that ensures the sublessee's right to occupy the premises will not be disturbed by any actions taken by the lessor. 7. Applicable law: Clearly mention that the agreement is governed by the laws of Montana. It is crucial for all parties involved to seek legal advice and draft these agreements with specific details relevant to their situation. Each agreement should be tailored to meet the unique circumstances and requirements of the lessor, lessee, and sublessee.