Attornare

Attornare is a legal term that describes the act of a tenant agreeing to recognize a new landlord. This typically occurs when a property is sold, and the mortgage is foreclosed upon, or when a landlord transfers ownership of the property. In essence, attornment is the tenant's acknowledgment of the new owner as their landlord and their willingness to pay rent to them.

Historically, the concept of attornment was important in feudal law, where a tenant was obligated to pay rent and perform services to their lord. If the lord sold the land, the tenant had to "attorn" to the new lord, signifying their acceptance of the change in ownership and their continued obligations.

In modern real estate law, attornment clauses are often included in leases. These clauses generally state that if the landlord sells the property or if there is a foreclosure, the tenant agrees to recognize the buyer as their new landlord and continue paying rent under the existing lease terms. This helps ensure a smooth transition of ownership and prevents disruption for both the tenant and the new owner.

The act of attornment can be express, through a written agreement, or implied, through the tenant's actions, such as continuing to pay rent to the new landlord after being notified of the change in ownership. It is a fundamental principle that allows for the continuity of lease agreements even when the ownership of the leased property changes hands.