This office lease is extremely harsh on the subtenant and grants no non-disturbance rights or any other protections.
Hillsborough Florida Attornment Provision in a Sublease: Understanding its Purpose and Types The Hillsborough Florida Attornment Provision in a Sublease is a critical aspect of property leasing agreements in Hillsborough County, Florida. This provision is designed to safeguard the interests of both the sublandlord and the subtenant in case the property's ownership is transferred or if the master lease is terminated. In simpler terms, attornment refers to the subtenant's agreement to recognize a new landlord as the legal owner of the property and maintain the sublease with the new landlord for the remainder of the sublease term. The attornment provision provides a legal framework for this transfer of rights and responsibilities. The attornment provision is particularly crucial because subleases are subject to the terms and conditions of the master lease. Therefore, if the master lease is terminated due to default by the landlord or any other reason, the subtenant's rights to occupy the property may be at risk. The attornment provision protects the subtenant by ensuring that they can continue occupying the premises, even if the landlord changes. Different Types of Hillsborough Florida Attornment Provision in a Sublease: 1. Basic Attornment Provision: This type of provision simply states that the subtenant agrees to recognize and attorn to any future landlord who may acquire the property through a foreclosure or other legal means. It outlines the subtenant's obligation to maintain the sublease with the new owner. 2. Subordination and Non-Disturbance Attornment Provision (SODA): This type of provision is more comprehensive and provides additional protections to the subtenant. It includes three key elements: subordination, non-disturbance, and attornment. — Subordination: The subtenant agrees that their sublease is subordinate to the master lease, meaning that the subtenant's rights are subject to the rights of the master landlord. — Non-Disturbance: The subtenant is granted the right to continue occupying the premises undisturbed, even if the master lease is terminated. This ensures that the subtenant's occupancy rights are not affected by any default or termination of the master lease. — Attornment: Similar to the basic attornment provision, the subtenant agrees to recognize and attorn to any new landlord who acquires the property, ensuring the continuity of the sublease. 3. Limited Attornment Provision: This type of provision is more specific and applies when there is a predetermined list of acceptable future landlords. The subtenant agrees to attorn only to those specific landlords mentioned in the provision. This type of attornment provision limits the subtenant's obligation to attorn to any potential future owners not specified in the agreed upon list. It is essential for both sublandlords and subtenants to carefully review and negotiate the attornment provision in their sublease agreements in Hillsborough County, Florida. Seeking legal counsel and understanding the implications of each type of attornment provision is crucial to protecting their rights and interests in case of any changes in property ownership or master lease terminations.
