Attorney refers to acknowledging a transfer of something, originating from English feudal history. A power of attorney agreement is a tenant’s acknowledgment to remain in leased premises under a new owner. Subtenants can also use attorney agreements, and SNDA agreements concern the priority of rights between lenders and tenants.
“Attorney” means acknowledging or agreeing to a transfer of something. Attorn’s origin is in English feudal history. It described the act of a vassal or tenant of an estate transferring his allegiance to the new lord. In its modern legal sense, it describes the situation where a person agrees to remain a tenant after the landlord has sold or transferred ownership of the leased premises to a new owner.
A power of attorney agreement is a tenant’s written acknowledgment that they will remain in leased premises under a new owner under the original terms of the lease. Sometimes the agreement is a provision of the lease itself. Other times, such as when the landlord uses the property as collateral for a loan, it may be a separate agreement required of the landlord and tenant by the lender. In modern usage, attorn is a mutual acceptance. The tenant acknowledges the new landlord’s rights in the lease, and the new landlord acknowledges the tenant’s.
Subtenants can also use attorney agreements. A tenant can transfer his rights under a tenancy agreement to a subtenant, who then occupies the premises. A sublet usually requires the subtenant to pay rent to the tenant, who then pays the landlord. If the tenant defaults on the lease or fails to pay rent, the landlord can terminate the lease. If this happens, the sublease also ends and the subtenant does not have the right to live on the premises.
The subtenant can obtain a cease and desist letter from the landlord. The letter states that if the tenant fails to fulfill the lease obligations, the owner will give written notice to the sub-tenant. The subtenant then has the option of paying any arrears to the landlord. If the subtenant remedies the breach, he assumes the position of tenant under the lease agreement.
Another form of advocate is the subordination, non-disturbance and advocate agreement (SNDA). SNDA agreements are used when the landlord has encumbered the leased property by taking out a loan against the property or is still paying the original lender. In many states, foreclosure on a property ends all rights to the property, including leases. The SNDA agreements concern the priority of rights between lenders and tenants.
Under an SNDA, the tenant is allowed to remain on the premises if the landlord defaults. The subordination terms of the agreement mean that the lender’s claims against the landlord must be paid by the landlord before any claims the tenant has against the landlord are satisfied. The do not disturb terms provide that the tenant’s rights under the lease are preserved. The tenant must agree to continue their obligations under the lease when a new owner takes over the property.
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