Attornment Form

What is the attornment?

An attornment agreement is a legal document that establishes the relationship between a lessor and a sublessee in a rental situation. This agreement confirms the sublessee's acknowledgment of the lessor's rights and the obligations under the lease. It serves as a formal recognition that the sublessee will adhere to the terms set forth in the original lease agreement with the lessor. The attornment ensures that the sublessee is aware of their responsibilities and the legal implications of their tenancy.

Key elements of the attornment

When drafting an attornment agreement form, several key elements must be included to ensure its effectiveness and legality:

• Identification of parties: Clearly state the names and addresses of the lessor and sublessee.
• Description of the property: Provide a detailed description of the property being leased.
• Terms of the original lease: Reference the original lease agreement, including its terms and conditions.
• Sublessee obligations: Outline the responsibilities of the sublessee under the agreement.
• Signatures: Include spaces for both parties to sign and date the agreement, confirming their acceptance.

Steps to complete the attornment

Completing an attornment agreement form involves several straightforward steps:

1. Gather necessary information: Collect details about the lessor, sublessee, and the property.
2. Draft the agreement: Use a template or create a document that includes all key elements.
3. Review the document: Ensure that all terms are accurate and comply with local laws.
4. Sign the agreement: Both parties should sign and date the document to make it legally binding.
5. Distribute copies: Provide copies of the signed agreement to both parties for their records.

Legal use of the attornment

The attornment agreement is legally binding when executed properly. It is essential that both parties understand their rights and obligations under the agreement. The attornment must comply with relevant state laws to ensure enforceability. In the event of a dispute, having a well-drafted attornment agreement can provide clarity and protection for both the lessor and sublessee.

Examples of using the attornment

Attornment agreements are commonly used in various rental situations. For instance:

• A commercial property where a business subleases part of the space to another entity.
• A residential lease where a tenant sublets their apartment to a friend.
• A situation where a property is sold, and the new owner requires existing subtenants to acknowledge their lease terms.

Digital vs. paper version

In today's digital age, many businesses and individuals prefer to complete attornment agreements electronically. Digital versions can be signed using eSignature solutions, which provide a secure and efficient way to execute documents. Electronic attornment agreements are legally valid, provided they comply with the ESIGN Act and UETA. However, some parties may still prefer paper versions for traditional or legal reasons. It is crucial to ensure that whichever method is chosen, all legal requirements are met.