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Understanding Attornment in Real Estate A Simple Guide for Indian Homeowners

by | Jun 2, 2023 | FinTech Articles | 0 comments

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Important Keywords: Real estate transactions, Commercial leases, SNDA, Attorney clause, Property ownership changes, Indian real estate, Tenant rights, Lease agreements, Rent payments.

Introduction Attornment:

It is a concept that arises in real estate transactions, particularly when there is a change in property ownership. In simple terms, it refers to the acknowledgement of a new property owner as the landlord by the existing tenant. This article aims to provide a clear understanding of attornment, its significance in commercial leases, and its implications for homeowners in India.

Short Paragraphs:

  1. What is Attornment? It occurs when a homeowner or tenant recognizes a new property owner as their landlord. It commonly arises when properties change hands in regular sales or foreclosures.
  2. In Real Estate Transactions In the context of real estate, attornment ensures continuity for tenants, allowing them to continue paying rent and honoring their lease agreements, regardless of the change in ownership.
  3. Attornment in Commercial Leases Commercial leases often incorporates an Attorney Clause within a Subordination, Non-disturbance, and Agreement (SNDA). This clause requires tenants to acknowledge the new owner as their landlord and fulfil their lease obligations.
  4. The Components of an SNDA An SNDA typically consists of three clauses: the subordination clause, the non-disturbance clause, and the attornment clause. Together, these clauses establish the rights and responsibilities of tenants, landlords, and other parties involved in the property.
  5. Importance of the Attorney Clause The attorney clause in an SNDA ensures that tenants accept the new property owner as their landlord, regardless of how the ownership transfer occurred. It guarantees the continuity of lease agreements and rent payments.
  6. Attornment in Indian Real Estate In the Indian real estate market, attornment plays a vital role in protecting tenants’ rights and ensuring smooth transitions during property ownership changes. It provides clarity and stability to both homeowners and tenants.
  7. Frequently Asked Questions about Attornment
    • Why is attornment important in real estate?
    • What are the components of an SNDA?
    • How does attornment affect tenants’ lease agreements?
    • Is attornment relevant in the Indian real estate market?
    • What happens if a tenant does not recognize the new property owner as their landlord?

Key Takeaways:

  • It refers to the recognition of a new property owner as the landlord by the existing tenant.
  • In commercial leases, an SNDA with an attorney clause ensures tenants’ continuity and obligation to pay rent under new ownership.
  • It plays a significant role in protecting tenants’ rights and providing stability during property ownership changes.
  • Indian homeowners and tenants should be aware of the implications of attornment in real estate transactions.

Conclusion:

It is an essential concept in real estate, particularly in commercial leases. By acknowledging the new property owner as their landlord, tenants can ensure the continuity of their lease agreements and rent payments. In the Indian real estate market, It holds particular significance, as it safeguards tenants’ rights and ensures smooth transitions during ownership changes.

Read More: Notification No. 53/2018 – Central Tax: Seeks to make amendments (Eleventh Amendment, 2018) to the Central Goods and Services Tax Rules, 2017. This notification restores rule 96(10) to the position that existed before the amendment carried out in the said rule by notification No. 39/2018- Central Tax dated 04.09.2018.

Web Stories: Notification No. 53/2018 – Central Tax: Seeks to make amendments (Eleventh Amendment, 2018) to the Central Goods and Services Tax Rules, 2017. This notification restores rule 96(10) to the position that existed before the amendment carried out in the said rule by notification No. 39/2018- Central Tax dated 04.09.2018.

Download Pdf: https://taxinformation.cbic.gov.in/

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