This office lease is extremely harsh on the subtenant and grants no non-disturbance rights or any other protections.
Title: Understanding the San Jose California Attornment Provision in a Sublease: A Comprehensive Overview Introduction: The San Jose California Attornment Provision is an important aspect of subleases within the city of San Jose. This provision acts as a protective measure for both the sublessee and the sublessor, ensuring that the interests of all parties involved are safeguarded. This article will delve into the intricacies of the Attornment Provision, outlining its significance, types, and key considerations when drafting or negotiating a sublease agreement in San Jose. 1. Definition and Purpose: The Attornment Provision in a sublease refers to an agreement wherein the sublessee explicitly recognizes and agrees to acknowledge a new landlord or owner in the event of a property sale or transfer. It ensures continuity of the sublease arrangement and allows for a seamless transition between parties, should such a situation arise. 2. Significance for the Sublessee: The Attornment Provision serves as a safeguard for the sublessee, guaranteeing their right to continued occupancy and protection against any potential disruptions resulting from a change in ownership or property management. By agreeing to attorn, the sublessee acknowledges the new landlord's rights and obligations outlined in the original lease, assuring them of legal protection and lease enforcement. 3. Significance for the Sublessor/Primary Leaseholder: The Attornment Provision benefits the sublessor by ensuring their sublessee's acceptance of a new landlord or owner in case of a property transfer or sale. This provision grants the sublessor the ability to transfer their obligations and rights as the primary tenant smoothly, thereby minimizing potential legal complications. 4. Types of San Jose California Attornment Provisions in a Sublease: a) Basic Attornment Provision: This standard type of attornment provision requires the sublessee to agree to recognize any new ownership or landlord and continue the sublease on the same terms, rights, and obligations specified in the original lease. b) Qualified Attornment Provision: This type of attornment provision allows the sublessee to terminate the sublease upon a transfer of ownership or if the new landlord fails to recognize the sublease. It provides an exit opportunity for the sublessee under specific circumstances. 5. Key Considerations in Negotiating or Drafting an Attornment Provision: a) Clarity and Specificity: It is essential to clearly define the rights, obligations, and terms to be maintained in the event of a transfer of ownership. b) Notification: The sublessee should be promptly notified of any proposed transfer or sale of the property to ensure they are aware of the potential change in their landlord. c) Mutual Agreement: The attornment provision should be mutually agreed upon by both parties and clearly stated within the sublease agreement to ensure its legal enforceability. Conclusion: The San Jose California Attornment Provision in a Sublease plays a vital role in protecting the interests of both sublessees and sublessors when it comes to potential changes in property ownership. By understanding the different types of attornment provisions and considering key negotiation factors, both parties can enjoy a smooth transition and continue their sublease arrangement seamlessly, free from legal complications.
