Deed Of Attornment Template for the United States

When property ownership changes hands in the United States, existing tenant relationships don't automatically transfer to the new owner. You need a Deed of Attornment to formally establish the legal connection between yourself as a tenant and your new landlord, ensuring your lease remains valid and enforceable under the new ownership structure.

When do you need this document?

You'll require a Deed of Attornment whenever there's a change in property ownership or control that affects your lease agreement. This commonly occurs during property sales where the new owner wants to maintain existing tenants, mortgage foreclosures where the lender becomes the new landlord, or refinancing situations where the mortgagee requires tenant recognition. Commercial properties often mandate these documents as part of loan agreements, ensuring lenders can collect rent directly if they need to take control of the property. The document becomes particularly crucial in bankruptcy proceedings where property control may shift to creditors or trustees.

Key legal considerations

The attornment covenant forms the heart of this document, where you formally agree to recognize and accept the new landlord while maintaining all existing lease terms. This creates what's known as "privity of estate" between you and the new owner, establishing their right to collect rent and enforce lease obligations. Pay careful attention to any modifications or additional terms the new landlord might introduce, as some deeds include changes to payment methods, notice requirements, or security deposit handling. The document should clearly preserve your existing rights, including renewal options, maintenance obligations, and any special provisions in your original lease. Be aware that signing this document may limit your ability to claim certain defenses against the new landlord that you might have had against the original owner.

Legal requirements in United States

Under United States law, Deeds of Attornment must comply with state-specific property laws and the Statute of Frauds, which requires written documentation for real estate transactions. Most states mandate proper execution with signatures from all parties and may require notarization or witnessing depending on local requirements. Commercial properties often fall under additional regulations from the Uniform Commercial Code, particularly regarding security interests and UCC Article 9 requirements. The document must clearly identify all parties, reference the original lease with sufficient detail, and include proper legal descriptions of the property. Some jurisdictions require recording the deed with local property records, especially when involving mortgaged properties or foreclosure situations. Federal bankruptcy regulations may also apply, affecting the enforceability of attornment obligations during bankruptcy proceedings involving any of the parties.