Legal Definitions - attorn

Attorn is a legal term with a couple of distinct meanings, primarily related to acknowledging a new relationship or transfer of rights.

• 1. To formally acknowledge and accept a new person or entity as one's landlord, typically when the property ownership changes.

  This meaning of attorn usually arises when a property that is currently leased or rented is sold to a new owner. The existing tenant then "attorns" to the new landlord by recognizing them as the party to whom rent is owed and with whom lease agreements are now managed.

  • Example 1 (Residential Lease):

    Maria rents an apartment from Mr. Smith. Mr. Smith decides to sell the entire apartment building to a large real estate investment company, "CityScape Properties." CityScape Properties sends a formal notice to all tenants, including Maria, informing them of the change in ownership and providing new instructions for paying rent and submitting maintenance requests.

    How it illustrates attorn: When Maria begins sending her monthly rent checks to CityScape Properties and directs any future lease-related communications (like reporting a leaky faucet) to them, she is effectively attorning to CityScape Properties. She acknowledges and accepts them as her new landlord, fulfilling her obligations under the existing lease with the new owner.

  • Example 2 (Commercial Lease):

    A small bookstore, "The Literary Nook," leases its retail space from Ms. Davies. Ms. Davies sells the commercial plaza to a new developer, "Grandview Holdings." Grandview Holdings notifies The Literary Nook's owner, Alex, that they are the new landlord and provides updated contact information for all lease matters.

    How it illustrates attorn: Alex, on behalf of The Literary Nook, attorns to Grandview Holdings by continuing to pay rent to them and by directing any questions about the lease terms or property management to Grandview Holdings. This action signifies the bookstore's acceptance of Grandview Holdings as the new party responsible for the landlord's duties and entitled to the tenant's payments.

• 2. To acknowledge a new party's right to receive payment or possession of something previously owed to another.

  This usage refers to a situation where a debt or the right to receive certain goods is transferred from one party to another. The person who owes the debt or holds the goods then "attorns" to the new party by recognizing their claim.

  • Example (Debt Assignment):

    Sarah owes $10,000 to Bank A. Bank A decides to sell a portfolio of its outstanding debts, including Sarah's, to a specialized debt purchasing company, "Financial Recovery Inc." Financial Recovery Inc. then sends Sarah a formal notification stating that they are now the legal entity to whom her debt is owed and to whom all future payments should be made.

    How it illustrates attorn: If Sarah, upon receiving this notice, begins making her monthly debt payments directly to Financial Recovery Inc., she is attorning to Financial Recovery Inc. She acknowledges and accepts that the right to receive her debt payments has been transferred from Bank A to Financial Recovery Inc.