This office lease is extremely harsh on the subtenant and grants no non-disturbance rights or any other protections.
South Dakota Attornment Provision in a Sublease: A Comprehensive Overview The South Dakota Attornment Provision in a Sublease is a crucial legal clause that outlines the relationship between the landlord, the original tenant (sublessor), and the new tenant (sublessee). This provision establishes the rights and obligations of all parties involved in a sublease arrangement in the state of South Dakota. By including this provision in the sublease agreement, the sublessee acknowledges their acceptance of the terms and conditions specified in the original lease. Keywords: South Dakota, Attornment Provision, Sublease, Sublessor, Sublessee, Landlord, Rights, Obligations, Lease Agreement. In South Dakota, there can be several variations of the Attornment Provision in a Sublease, depending on the specific requirements and agreements between the involved parties. Here are some common types: 1. Standard Attornment Provision: This clause typically states that in the event of a default or termination of the original lease, the sublessee agrees to recognize and accept the landlord as their new landlord directly. Thus, the sublessee is required to "attorn" to the landlord, meaning they acknowledge the change in control and accept the landlord as their direct contractual party. 2. Non-Attornment Provision: On the contrary, this provision states that if the original lease is terminated or if there is a default, the sublessee will not be required to attorn to the landlord. This type of Attornment Provision protects the sublessee's right to not be bound to the landlord, allowing them to potentially negotiate a new lease or find alternative arrangements. 3. Partial Attornment Provision: This variation permits the sublessee to attorn to the landlord in specific circumstances defined within the sublease agreement. For example, the sublessee may be obligated to attorn to the landlord only if the sublessor materially breaches the original lease or if certain predetermined conditions occur. 4. Limited Attornment Provision: Under this type of provision, the sublessee agrees to attorn to the landlord only if the landlord complies with certain specified obligations, such as maintaining the property in proper condition or resolving any disputes arising from the original lease. 5. Conditional Attornment Provision: In this type of provision, the sublessee's attornment is contingent upon certain conditions or provisions being met. These conditions might include the sublessee receiving written notice from the landlord, obtaining their consent, or reaching a mutually agreed upon written agreement. It is important for both parties involved in a sublease agreement to thoroughly understand the Attornment Provision and its implications. Seeking legal advice and ensuring that the language and terms within the provision align with the unique requirements and circumstances of the sublease is highly recommended. Overall, the South Dakota Attornment Provision in a Sublease serves to establish clear guidelines and expectations, protecting the rights of the sublessee and maintaining a smooth transition in the event of a default or termination of the original lease.
