This office lease is extremely harsh on the subtenant and grants no non-disturbance rights or any other protections.
The Texas Attornment Provision in a sublease serves as an essential clause that outlines the relationship between the tenant, the landlord, and any potential third-party. This provision establishes the tenant's acknowledgment and acceptance of the relationship between the landlord and the sublandlord (the original tenant). It also ensures that the tenant agrees to recognize and attorn to the landlord in the event there is a change in ownership or a transfer of the property during the sublease term. In Texas, there are two commonly used types of Attornment Provisions in a sublease that are worth mentioning: 1. General Attornment Provision: This type of provision typically states that regardless of any change in ownership, transfer, or assignment of the leased property, the subtenant will attorn to the new landlord and recognize them as the successor in interest. This provision ensures continuity of the sublease obligations and allows the landlord to step into the original landlord's place. 2. Limited Attornment Provision: Unlike the general provision, the limited attornment provision only requires the subtenant to attorn to the new landlord if specific conditions are met. These conditions could include the sale of the property, an assignment of the lease, or the foreclosure of the property. In such instances, the subtenant agrees to recognize the new landlord as the successor in interest. Both types of Attornment Provisions are crucial for protecting the rights and obligations of the subtenant in case of a change in ownership or transfer of the property. By including this provision in a sublease agreement, the subtenant demonstrates their commitment to continuing the lease under new ownership and helps maintain consistency in the landlord-tenant relationship. It is important to emphasize that the language and terms of the Attornment Provision can vary depending on the specific sublease agreement and the preferences of the parties involved. Thus, it is always recommended seeking legal advice when drafting or reviewing a sublease agreement to ensure that the Attornment Provision adequately addresses the potential complexities that may arise.
