Attornment

Attornment is a legal concept in property law referring to a tenant’s formal acknowledgment of a new landlord and the tenant’s agreement to continue paying rent to that person under the existing lease. It arises when the ownership or control of leased property changes hands, such as through sale, assignment, or foreclosure, and the new owner or mortgagee requires the tenant to recognize them as landlord.

An attornment can be express, embedded in a deed, lease, or mortgage, or it can be inferred from the tenant’s conduct, such as continuing to occupy the property and pay rent. The effect is to preserve the tenancy under the lease terms, with the new landlord stepping into the rights and remedies of the former landlord. Attornment helps establish privity of contract between the tenant and the new landlord and maintains the tenant’s obligations, including rent and covenants, while the successor acquires the landlord’s rights.

Historically, attornment originated in feudal law as a formal acknowledgment of a lord’s authority. In modern legal systems, it remains a standard mechanism to ensure continuity of tenancies during transfers of property. Rules governing attornment vary by jurisdiction; some require explicit attornment, while others permit it through conduct or statute and seek to balance tenants’ protections with lenders’ interests.