This office lease is extremely harsh on the subtenant and grants no non-disturbance rights or any other protections.
New Jersey Attornment Provision in a Sublease: Understanding its Importance and Types In the realm of real estate and leasing, New Jersey Attornment Provision holds significant importance in a sublease agreement. This provision aims to safeguard the interests and rights of parties involved, particularly in cases of default or termination of the primary lease. By including this clause, the subtenant (the one occupying the subleased premises) agrees to recognize and abide by the terms and conditions of the primary lease, even if it is terminated or expired. Additionally, it binds the subtenant to accept a new landlord, referred to as an "attorney," in case of a change in ownership or transfer of the primary lease. Having a New Jersey Attornment Provision in a sublease ensures that the subtenant remains accountable to both the primary landlord and the new landlord, maintaining stability and continuity in the leasing arrangement. This provision is crucial for subtenants to avoid potential disruptions or eviction threats due to a change in ownership or the termination of the primary lease. There are different types of New Jersey Attornment Provisions in a sublease, and the selection generally depends on the preferences and requirements of the parties involved. Some common types include: 1. Non-Disturbance Clause: This type of Attornment Provision protects the subtenant from eviction or disturbance by the new landlord if the primary lease is terminated or expired. It ensures that the subtenant's occupancy rights remain unaffected, providing them with a sense of security. 2. Automatic Attornment: In this type, the subtenant is automatically bound to the new landlord upon the transfer or change in ownership of the primary lease. The subtenant acknowledges the new landlord as their landlord, and the primary lease terms continue to apply seamlessly. 3. Conditional Attornment: Unlike automatic attornment, this type of provision requires the subtenant's consent before acknowledging the new landlord. The subtenant can negotiate and review the terms offered by the new landlord before deciding to attorn. 4. Subordination Attornment Non-Disturbance Agreement (SODA): This comprehensive type of attornment provision combines the elements of non-disturbance, subordination, and attornment. It protects the subtenant's rights in case of primary lease termination, while also outlining the order of priority among parties, especially in instances of foreclosure. When drafting a New Jersey Attornment Provision, careful consideration and negotiation of its specific terms are essential. The provision should clearly define the rights and obligations of all parties involved, including how notice will be given in case of attornment, default remedies, and dispute resolution mechanisms. Ultimately, a well-drafted New Jersey Attornment Provision in a sublease serves as a vital safeguard for subtenants, ensuring their rights remain protected amidst changing circumstances. It contributes to a stable and secure renting experience, minimizing any potential risks or conflicts associated with the termination or transfer of the primary lease.
