attorn

Attorn is a legal term that refers to the act of a tenant agreeing to recognize a new landlord. This typically occurs when a property is sold, and the new owner wishes to continue the existing lease agreement. Instead of a new lease being created, the tenant formally acknowledges and agrees to be bound by the terms of the original lease but with the new landlord as the recipient of rent and other obligations. This acknowledgment is the attornment.

The concept of attornment is rooted in feudal law, where a tenant would pledge fealty to a new lord if the land changed hands. In modern law, attornment ensures a smooth transition of property ownership without disrupting existing tenancy agreements. It provides legal certainty for both the new landlord and the tenant, confirming their respective rights and responsibilities under the lease.

In many jurisdictions, attornment is implied when a tenant continues to pay rent to the new owner after receiving notice of the change in ownership. However, a formal attornment agreement, which is a written document signed by the tenant, provides clearer proof and can prevent potential disputes. Without attornment, a new landlord might have to negotiate entirely new lease terms with existing tenants, which could be disadvantageous. Conversely, a tenant might be able to vacate the property if they do not attorn to the new landlord, depending on the specific laws and the terms of the original lease.