Understanding Attornment: A Guide to Property Transfer and Recognition

What is Attornment?

Attornment is a legal term that describes the process of transferring or turning over money or property to another party. This transfer typically occurs in situations involving real estate, such as when a tenant recognizes a new property owner as their landlord after the property has been sold or transferred. The act of attornment ensures that the tenant’s lease continues under the new landlord without interruption or alteration of its initial terms.

The Process of Attornment

Attornment involves several critical steps. Firstly, the tenant must be formally notified about the change in ownership of the property. This notification is typically provided through written communication, such as a letter or notice from the new property owner or their legal representative. The tenant then acknowledges the new landlord by paying rent or delivering other obligations directly to them.

Example Scenario: Residential Property

Imagine you are renting an apartment, and your landlord decides to sell the property to a new owner. As a tenant, you receive an official notice informing you of the sale and the new owner’s details. By continuing to pay your rent to the new owner and adhering to the existing lease terms, you effectively perform attornment and recognize the new landlord.

Importance of Attornment

Attornment plays a crucial role in maintaining the stability and continuity of rental agreements. It ensures that tenants are not disrupted by changes in property ownership and that new landlords can seamlessly take over the existing lease arrangements. For tenants, attornment provides security that their rental terms remain consistent, while landlords benefit from an uninterrupted stream of rental income.

Legal Aspects

Attornment is often formalized through an attornment clause included in the lease agreement. This clause outlines the tenant’s obligation to recognize any new owner of the property as the landlord. In some jurisdictions, failure to attorn can result in legal consequences, including potential eviction for tenants who refuse to acknowledge the new landlord.

Frequently Asked Questions

Q: Does attornment change the terms of my lease? A: No, attornment does not alter the terms of your lease. It simply transfers your rental obligations to the new property owner.

Q: Can a tenant refuse to attorn to a new landlord? A: Refusing to attorn can result in legal complications, including potential eviction. It is advisable to consult legal advice if you have concerns about a new landlord.

Q: How is a tenant notified about the need to attorn? A: Tenants are typically notified through a formal letter or notice from the new property owner or their legal representative.

Related Terms: Lease, Landlord, Tenant, Possession, Assignment.