This office lease is extremely harsh on the subtenant and grants no non-disturbance rights or any other protections.
The South Carolina Attornment Provision in a Sublease serves as an important legal clause that addresses the relationship between the sublandlord, subtenant, and the original landlord. This provision outlines the subtenant's agreement to recognize and accept the original lease agreement, including the rights and obligations mentioned therein. It also establishes the subtenant's commitment to directly attorn to the original landlord, in the event that the sublandlord defaults or experiences any changes in ownership or management. In South Carolina, there are primarily two types of Attornment Provisions in a Sublease: 1. Non-Disturbance Attornment Provision: This provision ensures that the subtenant's rights and leasehold interests will be protected in case the original lease is terminated for any reason. It mandates that the original landlord will not disturb the subtenant's possession or use of the leased premises, even if the sublandlord fails to uphold their obligations or defaults on the lease. The subtenant has the right to continue occupancy, subject to the terms and conditions of the original lease. 2. Qualified Attornment Provision: This provision is typically added when a sublandlord wants to ensure that the subtenant will directly attorn to the original landlord if the head lease is terminated. However, the subtenant's obligations to attorn are conditioned upon the original landlord fulfilling certain specific requirements or conditions. These conditions may include securing mortgagee or lender approvals, providing necessary guarantees, or demonstrating financial stability. Both types of South Carolina Attornment Provisions in a Sublease can provide essential safeguards for subtenants, ensuring a stable and uninterrupted tenancy. It is crucial for subtenants to carefully review the terms of these provisions and understand their rights and obligations before entering into a sublease agreement. Seeking legal advice is advisable to ensure compliance with South Carolina laws and protect one's interests in such a lease arrangement.
