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Attornment Agreement

Attornment Agreement Template for India

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Key Requirements PROMPT example:

Attornment Agreement

"I need an Attornment Agreement for my commercial property in Mumbai that's being transferred to a new owner on March 1, 2025, with three existing retail tenants who need to acknowledge the change in landlord while maintaining their current lease terms."

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Document background
The Attornment Agreement serves as a crucial legal instrument in Indian property transactions where a change in property ownership occurs while an existing lease is in force. This document becomes necessary when a property is sold, transferred, or assigned to a new owner, and there are existing tenants occupying the property. The agreement ensures legal clarity by documenting the tenant's acknowledgment of the new landlord and their consent to pay rent and perform other lease obligations to the new owner. Under Indian law, particularly the Transfer of Property Act, 1882, and relevant state-specific regulations, this agreement helps prevent potential disputes and ensures seamless transition of property rights. The document typically includes details of the property transfer, confirmation of existing lease terms, and updated payment arrangements.
Suggested Sections

1. Parties: Identifies the new landlord, existing tenant, and original landlord

2. Background: Recitals explaining the original lease, transfer of property ownership, and need for attornment

3. Definitions: Defines key terms used in the agreement including Property, Original Lease, Transfer Date, etc.

4. Acknowledgment of New Landlord: Tenant's formal acknowledgment of the new landlord and the transfer of property ownership

5. Confirmation of Lease Terms: Confirmation that all terms of the original lease remain in full force and effect

6. Tenant's Obligations: Confirmation of tenant's obligations to pay rent and perform lease obligations to the new landlord

7. Authorization: Authority of the parties to enter into the agreement

8. Governing Law: Specifies Indian law as governing law and relevant jurisdiction

9. Execution: Signature blocks for all parties

Optional Sections

1. Security Deposit Transfer: Include when there is a security deposit being transferred from original landlord to new landlord

2. Outstanding Payments: Include when there are any rent arrears or other outstanding payments to be addressed

3. Representations and Warranties: Include when additional confirmations from tenant about lease status are required

4. Notice Provisions: Include when existing notice details need to be updated

5. Amendment to Original Lease: Include if any terms of the original lease are being modified as part of the attornment

6. Registration Requirements: Include when the agreement needs to be registered under local laws

Suggested Schedules

1. Schedule 1 - Property Details: Detailed description of the leased property including address and boundaries

2. Schedule 2 - Original Lease: Copy or details of the original lease agreement including date and parties

3. Schedule 3 - Transfer Documents: Details of property transfer/sale from original landlord to new landlord

4. Schedule 4 - Rent Payment Details: Updated rent payment information including new landlord's bank details

5. Schedule 5 - Outstanding Amounts: List of any outstanding amounts and their allocation between old and new landlord

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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alex.den.21@genieai.co
Relevant Industries

Real Estate

Commercial Property

Retail

Industrial

Office Space

Hospitality

Healthcare

Education

Manufacturing

Warehousing

Banking and Financial Services

Relevant Teams

Legal

Real Estate

Facilities Management

Operations

Finance

Compliance

Administration

Property Management

Corporate Services

Relevant Roles

Real Estate Manager

Property Manager

Legal Counsel

Company Secretary

Facilities Manager

Asset Manager

Commercial Director

Operations Manager

Chief Financial Officer

Lease Administrator

Property Administrator

Real Estate Director

General Counsel

Compliance Officer

Industries
Transfer of Property Act, 1882: Governs the transfer of property rights and interests, including provisions related to leases, landlord-tenant relationships, and property ownership transfers
Indian Contract Act, 1872: Provides the fundamental laws governing contract formation, validity, and enforcement, which are essential for the attornment agreement's binding nature
Registration Act, 1908: Specifies requirements for registration of documents relating to transfer or lease of immovable property, which may be relevant depending on the terms of the attornment
Rent Control Acts (State-specific): State-specific laws governing rental properties, tenant rights, and landlord obligations that may affect the attornment terms
Real Estate (Regulation and Development) Act, 2016: May be relevant if the attornment involves real estate projects under RERA jurisdiction, particularly for new developments
Stamp Act (State-specific): Determines the stamp duty payable on legal documents, including attornment agreements, which varies by state
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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