This office lease is extremely harsh on the subtenant and grants no non-disturbance rights or any other protections.
An attornment provision in a sublease is a clause that outlines the rights and obligations of parties involved when a tenant subleases their leased property to a third party. In the context of West Virginia, the attornment provision plays a significant role in defining the relationship and responsibilities between the landlord, the tenant, and the subtenant. West Virginia attornment provisions in subleases provide legal protection and clarity to all parties involved in the subleasing arrangement. The presence of an attornment provision ensures that the subtenant recognizes and agrees to the terms of the original lease between the landlord and the tenant. This provision also establishes a direct relationship between the landlord and the subtenant, enabling the landlord to enforce lease terms, collect rent, and negotiate future agreements if necessary. There are various types of attornment provisions found in West Virginia subleases, each serving a particular purpose. These include: 1. Absolute Attornment Provision: This type of provision obligates the subtenant to fully recognize and accept the landlord as their new landlord, should the original lease be terminated or the landlord's interest in the property be transferred. 2. Conditional Attornment Provision: Unlike absolute attornment, the subtenant's obligation to recognize and accept the new landlord is subject to certain conditions. These conditions might include written notice from the landlord or the fulfillment of specific criteria outlined in the provision. 3. Limited Attornment Provision: This provision limits the subtenant's obligation to recognize and accept a new landlord to only certain circumstances, such as if the landlord forecloses on the property or transfers their interest to a specific individual or entity. 4. Partial Attornment Provision: This type of provision allows the subtenant to recognize and accept a new landlord only for a portion of the leased property. This provision may be beneficial in situations where the property is subdivided or when the landlord intends to sell a portion of the property. 5. Non-Attornment Provision: In rare cases, a sublease might include a non-attornment provision which explicitly states that the subtenant will not recognize or accept any new landlord, regardless of the situation. However, this provision is uncommon and often carries less legal weight. It is important for all parties involved in a sublease agreement in West Virginia to be aware of the specific attornment provision included in their lease. Understanding the responsibilities and rights established in the provision can help avoid misunderstandings and potential disputes in the future.
