Attornment Clauses in Contracts: What Tenants Need to Know
What Is an Attornment Clause?
An attornment clause requires a tenant to recognize and accept a new party as their landlord, typically after a property sale, foreclosure, or transfer of ownership. When you agree to attornment, you commit to paying rent and performing your lease obligations for whoever ends up owning the property — without needing to sign a new lease.
The term "attornment" comes from feudal English law, where a tenant would formally acknowledge a new lord. In modern contracts, it serves a similar function: ensuring a smooth transition of the landlord-tenant relationship.
How Attornment Works
Attornment typically appears as part of an SNDA (subordination, nondisturbance, and attornment) agreement or directly within a lease. The clause generally states that:
- If the property is sold or changes hands through foreclosure, you will recognize the new owner as your landlord
- You will continue to perform all lease obligations, including paying rent to the new owner
- No new lease needs to be executed — the existing terms carry forward
Why Landlords and Lenders Want It
For lenders, attornment is valuable because it ensures rental income continues flowing after a foreclosure. For buyers, it means acquiring a property with tenants already committed to staying. Without attornment, tenants might argue they have no obligation to the new owner.
What to Negotiate
- Conditional attornment: Agree to attorn only if the new owner provides a nondisturbance agreement in return
- Lease term preservation: Ensure the new owner must honor all existing lease terms, including renewal options, expansion rights, and tenant improvement allowances
- Security deposit transfer: Require the new owner to assume responsibility for your security deposit
When to Consult a Lawyer
If your lease requires attornment, consider having an attorney ensure it is paired with adequate nondisturbance protections so your tenancy rights are preserved during ownership changes.
This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance specific to your situation.