This office lease is extremely harsh on the subtenant and grants no non-disturbance rights or any other protections.
Rhode Island Attornment Provision in a Sublease: Explained In the realm of subleasing agreements, the inclusion of an attornment provision is essential to protect the interests of both the original tenant (sublessor) and the subtenant (sublessee). Attornment provisions establish a legal relationship between the sublessee and the original landlord, ensuring a smooth transition in the event of a transfer of ownership or foreclosure. In Rhode Island, sublease agreements commonly include attornment provisions to address the potential changes in landlord ownership. Such provisions outline the subtenant's obligation to recognize and attorn to a new landlord, essentially accepting them as the successor to the original landlord. This provision helps avoid potential conflicts, uncertainties, and legal complications in case the property changes hands during the sublease term. The Rhode Island attornment provision usually encompasses the following key elements: 1. Recognition: The subtenant agrees to recognize any new owner, such as a subsequent landlord or a mortgage lender, who obtains the rights and interests in the property. 2. Continuation of Sublease: The sublessee affirms that the sublease remains in full force and effect, and they will continue to fulfill all their obligations under the original sublease terms with the new landlord. 3. Communication and Notices: The subtenant acknowledges their responsibility to provide notices, rent payments, and any other communications directly to the new landlord, ensuring seamless communication and avoiding confusion. 4. Waiver of Defenses: In some cases, the attornment provision might include a waiver of defenses, meaning the subtenant cannot raise certain legal defenses against the new landlord, such as unknown defects in the property or claims against the original landlord. It's important to note that there might be different variants or additional provisions within Rhode Island's attornment provision in subleases. These can include: 1. Limited Attornment: This provision restricts the subtenant's duty to attorn to only specific types of owners, such as a mortgage lender or a subsequent purchaser. 2. Full Attornment: In this scenario, the subtenant is obliged to attorn to any new owner, regardless of the type or nature of the ownership transfer. 3. Non-Disturbance Agreement: While not strictly an attornment provision, this provision ensures that the subtenant's rights will not be disturbed in the event of an ownership change, protecting them from eviction or lease termination. In conclusion, a Rhode Island attornment provision in a sublease is a crucial element protecting the interests of both sublessors and sublessees by establishing a legal relationship and recognition between the subtenant and the new landlord. It ensures continuity, effective communication, and minimizes the risk of legal disputes in case the property changes ownership.
