This office lease is extremely harsh on the subtenant and grants no non-disturbance rights or any other protections.
The New York Attornment Provision in a Sublease is an important clause that specifies the rights and obligations of the parties involved in a sublease agreement in the state of New York. This provision ensures that in the event of certain circumstances, such as the original lease being terminated or the property being sold, the subtenant acknowledges and agrees to abide by the terms and conditions of the original lease and recognizes the new landlord as the successor to the original landlord. In New York, there are a few different types of Attornment Provisions that may be included in a sublease agreement: 1. Basic Attornment Provision: This type of provision simply requires the subtenant to recognize the new landlord as the successor to the original landlord and accept the new landlord's rights and obligations under the original lease. It does not provide any additional rights or protections to the subtenant. 2. Estoppel and Attornment Provision: In addition to recognizing the new landlord, this provision requires the subtenant to provide a statement confirming the current status of the original lease. This includes acknowledging that the original lease is valid and in full force, and that there are no defaults or breaches by the original landlord. 3. Non-Disturbance Attornment Provision: This provision is typically included to protect the subtenant's rights in the event of the original lease being terminated. It stipulates that if the original lease is terminated for any reason, the subtenant's rights under the sublease will not be disturbed by the new landlord. Essentially, the subtenant's right to occupy the premises and enjoy the benefits of the sublease will be preserved. It is crucial for both the subtenant and the sublandlord to understand and negotiate the terms of the Attornment Provision in a Sublease, as it can have significant implications on their rights and obligations. Consulting with a qualified attorney who specializes in real estate law in New York is highly recommended ensuring that the provision is drafted correctly and aligns with both parties' interests.
