Nevada Attornment Provision in a Sublease

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This office lease is extremely harsh on the subtenant and grants no non-disturbance rights or any other protections.

The Nevada Attornment Provision in a Sublease is a crucial clause that outlines the tenant's agreement to recognize and adhere to a new landlord if the property is transferred or sold. It essentially allows the new landlord to "step into the shoes" of the original landlord and maintain the existing lease agreement with the tenant. This provision serves to protect the rights and interests of both the tenant and the new landlord in the event of a change in ownership. In Nevada, there are two main types of Attornment Provisions that may be included in a sublease: 1. Absolute Attornment Provision: This type of provision requires the tenant to completely recognize the new landlord and accept them as a direct landlord in place of the original landlord. The tenant is obligated to fulfill all lease terms and conditions, pay rent, and follow any other obligations outlined in the lease agreement, regardless of the change in ownership. 2. Conditional Attornment Provision: This provision allows the tenant to withhold recognition of the new landlord until certain conditions are met. These conditions may include the new owner providing proof of title, assuming all responsibilities and obligations of the original landlord, and receiving written acknowledgment from the tenant regarding the transfer of ownership. Both types of Attornment Provision offer protection for both the tenant and the new landlord, ensuring a smooth transition of ownership and ongoing lease compliance. Landlords seeking to transfer or sell their property in Nevada should include these provisions in their sublease agreements to mitigate potential disputes and ensure continuity for the tenant.

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FAQ

Sublessee agrees that no amendment or modification of the Sublease shall be valid or enforceable unless and until the Lessor has specifically consented to such amendment or modification in writing, in each and every instance. Consent to Sublease.

No subletting clause samples 04. No Subletting. Lessee shall not sublet any or all of the Properties without the prior written consent of Lessor, which consent shall not be unreasonably withheld, conditioned or delayed.

This clause prohibits the tenant from assigning or subletting all or any portion of its space without the consent of the landlord, which can be withheld by the landlord for any or no reason.

Lessee shall not assign this Lease or sublet any portion of the Premises without prior written consent of the Lessor, which shall not be unreasonably withheld. Any such assignment or subletting without consent shall be void and, at the option of the Lessor, may terminate this Lease.

NRS 118.175 requires the landlord to re-rent the dwelling unit after you vacate and prohibits the collection of double rent(from you and the new tenant). The landlord can charge actual damages incurred until the dwelling is re-rented.

You can sublet part of your home with your landlord's written permission. If you sublet part of your home without permission, you are in breach of your tenancy agreement. Your landlord can't unreasonably withhold their consent to a request to sublet part of your home.

With the sublease clause, the tenant transfers property rights to a subtenant while maintaining liability over the property. This means that if the subtenant doesn't pay their rent, you may be the one responsible for those payments, or you'll be found in default.

Is Subletting Legal in Nevada? Yes, subletting is legal if the lease doesn't mention subletting or prohibit it outright.

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Nevada Attornment Provision in a Sublease