This office lease is extremely harsh on the subtenant and grants no non-disturbance rights or any other protections.
Title: Understanding the Washington Attornment Provision in a Sublease: Types and Key Considerations Introduction: In Washington, the Attornment Provision is a crucial aspect to consider when entering into a sublease agreement. This provision aims to clarify the rights and obligations of all parties involved in the sublease arrangement, particularly in regard to the tenant's attornment to the new landlord in the event of a primary lease termination. This article aims to provide a detailed description of the Washington Attornment Provision in a Sublease, along with mentioning the different types that exist. 1. Definition and Purpose: The Washington Attornment Provision in a Sublease is a clause that outlines the tenant's agreement to recognize a new landlord's authority in the event the original primary lease is terminated or transferred. The provision ensures a smooth transition for all parties involved and often requires tenant cooperation, explicitly stating that the tenant will continue paying rent and abide by the terms of the sublease even under new ownership. 2. Types of Attornment Provision in Washington Subleases: a. Automatic Attornment Provision: — This type of attornment provision offers little to no choice for the tenant. It states that the tenant shall automatically recognize and attorn to any future landlord, regardless of their consent or approval. — Automatic attornment provisions are considered more favorable to the sublessor, as it minimizes potential disruption to their interests, especially in cases where the primary lease is terminated early. b. Discretionary Attornment Provision: — Unlike the automatic provision, the discretionary attornment provision allows the tenant to exercise their discretion in deciding whether to recognize and attorn to the new landlord. — Tenants often prefer this type of provision as it permits them to evaluate the new landlord's credibility, financial stability, and maintenance practices before transferring their tenant obligations. 3. Key Considerations: a. Clarity and Specificity: — The Attornment Provision should clearly state the rights, responsibilities, and obligations of each party involved during and after the primary lease termination. — Specific details, such as the duration of the attornment period, payment procedures, and the new landlord's obligations to the tenant, should be included for comprehensive understanding. b. Financial Security: — The subtenant should ensure that the new landlord is financially stable and capable of fulfilling the obligations under the sublease. — Requesting financial statements, credit checks, or references can enhance the tenant's confidence in a smooth transition. c. Notice Requirements: — Consider including a provision that stipulates the timeline and method for providing notice to the tenant regarding any changes in the landlord's ownership or primary lease termination. — Sufficient notice ensures the tenant has ample time to assess the situation and take appropriate action. d. Attorney Review: — Given the legal complexities involved, it is advisable for subtenants to have the Attornment Provision reviewed by an experienced attorney who specializes in real estate law. — An attorney can help identify and mitigate potential risks, ensuring the provision aligns with Washington state laws and protects the tenant's interests. Conclusion: The Washington Attornment Provision in a Sublease is a crucial component that protects the rights and responsibilities of both tenants and landlords. Understanding the types of attornment provisions available, along with key considerations, empowers subtenants to make informed decisions and safeguard their interests in the event of a primary lease termination.
