Can a tenant refuse to sign an attornment clause?

An attornment clause in a lease is simply a portion of the lease establishing the relationship between the landlord and tenant.  An attornment clause:

• Proves that a tenant understands that a landlord has the right to sell the property
• Indicates that the new owner must honor the terms of the tenant’s lease, including the length, the amount of rent, fees, etc.

Most attornment clauses are part of the lease agreement, and are not an area of contention for a tenant.  However, the tenant can refuse to sign an attornment clause, which may ultimately mean they do not rent the unit at all. 

As a landlord, you should:

• Explain why the attornment clause is in the tenant’s best interests.  This clause means that if the property is sold, the tenant will not lose their home, or worse, face exorbitant rent hikes from the new owner, because they will be required by law to honor the terms of the lease agreement
• Include the attornment clause in your standard lease, so it is signed when the initial lease terms are laid down.

If you are a landlord, you should strongly consider consulting an attorney if you are experiencing trouble with a tenant over an attornment clause. Likewise, if you are a tenant, you'll want to have a lawyer look over any lease agreement you sign to ensure it is in your best interests.