How do I ask for an attornment clause in a lease?

An attornment clause in a lease between a landlord and a tenant is simply a document that establishes the landlord-tenant relationship and is used for the landlord’s purposes, making it easier for the landlord to sell the property down the road.   When buying commercial foreclosures or getting involved in any sort of rental property, you need to understand an attornment clause. 

Consider these facts about an attornment clause: 

• If a landlord needs to sell the property, this clause proves that there is a lease in place for the property, and details the terms of the lease.  These details include the length of the lease, the rental terms, the amount to be paid in rent, what late fees and bad check charges are, etc.

• The attornment clause essentially says that the tenant continues to have an obligation, according to the lease agreement, to a new owner if the property is sold.

• The attornment clause also says that the tenant understands that the landlord has the right to sell the property to new owners.

• Many lease agreements have attornment clauses included.  These are not a new, or spurious concept, and should not necessarily cause a problem for either the landlord or the tenant.  A landlord may not necessarily need to ask for such a clause, as it is simply part of the leasing process.

As a landlord or as a tenant, you need to get help from a lawyer when drafting or signing a lease. Your attorney can help you to ensure that the lease is fair to you and that all terms are included that you may need to protect your interests.