Is an attornment legally binding?

Yes when properly executed by an authorized tenant representative and delivered to the intended party; binding effect depends on clear acknowledgement language and the tenant's authority to contract under the lease.

Can a tenant sign electronically?

Yes. Electronic signatures satisfy the ESIGN Act (15 U.S.C. ch. 96) and UETA in most states if intent, consent, attribution, and record retention requirements are met.

When is notarization required?

Notarization is not universally required for attornments but may be requested by lenders or title companies; check transaction documents and state notary rules before execution.

What if the letter contains an error?

If material, execute a corrected attornment and circulate it with a short correction statement; counsel should confirm whether re-attornment is needed for lender acceptance.

Who should sign on behalf of the tenant?

An authorized officer or manager with signing authority per the tenant's organizational documents; obtain board or partner approvals if corporate governance requires them.

How long should records be kept?

Retain executed attornments for the life of the lease plus a recommended minimum of seven years; follow IRS (IRC §6501(a)) and HIPAA (45 CFR §164.530(j)) retention rules where applicable.

Electronic Signature
Templates
Legal
Legal Letter of Attornment

Legal Letter of Attornment

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

LEGAL LETTER OF ATTORNMENT

This Letter of Attornment (the "Letter") is made as of by and between Tenant: , with a mailing address at ("Tenant"), and Assignee/New Owner: , with a mailing address at ("Assignee").

RECITALS

WHEREAS, Tenant is the tenant under that certain lease dated (the "Lease") between Tenant and Landlord: , covering the premises commonly known as (the "Premises").

WHEREAS, Assignee has acquired or will acquire certain rights, title or interests in the Premises and/or the Landlord's interest in the Lease by purchase, assignment, mortgage, or foreclosure effective as of (the "Transfer"); and

WHEREAS, in connection with the Transfer, Assignee has requested that Tenant acknowledge and attorn to Assignee and confirm certain matters relating to the Lease and the Tenant's obligations thereunder.

NOW, THEREFORE

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained in this Letter, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Tenant and Assignee agree as follows:

1. ATTORNMENT AND ACKNOWLEDGEMENT

1.1 Tenant hereby attorns to Assignee and recognizes Assignee as the successor landlord under the Lease as of the Transfer and agrees that the Lease shall remain in full force and effect between Tenant and Assignee according to its terms, except as expressly modified by any written agreement executed by the parties. Tenant accepts Assignee as Tenant's landlord for purposes of payment of rent, performance of Tenant's obligations under the Lease, and enforcement of Landlord's rights arising under the Lease to the same extent as if Assignee were the original landlord under the Lease.

1.2 Tenant affirms that, to Tenant's actual knowledge after reasonable inquiry, the Lease is in full force and effect and has not been modified except as set forth below. Tenant further certifies that there are no defaults by Tenant under the Lease except as set forth in Section 2.

2. STATEMENT OF LEASE STATUS

2.1 Lease Commencement Date: . Lease Expiration Date: .

2.2 Base Rent under the Lease is per . Security Deposit held by Landlord is .

2.3 Tenant represents that, as of the date hereof, Tenant has not assigned or sublet the Lease except pursuant to the following written consents and assignments, if any:

3. NON-DISTURBANCE; RIGHTS OF ASSIGNEE

3.1 Tenant agrees that, upon the Transfer, Assignee shall have all rights, remedies and privileges of Landlord under the Lease and Tenant shall not be relieved of its obligations under the Lease. Tenant further acknowledges that Assignee is entitled to enforce all terms and provisions of the Lease and to receive and give receipts for all rent and other amounts payable by Tenant under the Lease.

3.2 Tenant's attornment is subject to Tenant's right to receive non-disturbance protection pursuant to any separate written non-disturbance agreement executed by Assignee and Tenant. Nothing in this Letter shall constitute an agreement by Tenant to subordinate the Lease to any future mortgage, except to the extent such subordination has been expressly agreed in writing by Tenant.

4. DEFAULTS AND CURE

4.1 Tenant represents that, to Tenant's actual knowledge after reasonable inquiry, there exists no event of default by Tenant under the Lease, nor to Tenant's knowledge is Landlord in default, except as set forth here:

4.2 If Assignee elects to be bound by the Lease following the Transfer, Assignee shall provide Tenant with written notice of any default under the Lease of which Assignee has actual knowledge; Tenant shall have the same cure periods against Assignee as are provided in the Lease for cure of Tenant defaults by Landlord.

5. APPLICATION OF SECURITY DEPOSIT

5.1 Tenant acknowledges that the security deposit described in Section 2.2 is held by Landlord. If the Transfer includes transfer of such security deposit to Assignee, Tenant agrees that Assignee shall be entitled to the benefits of the security deposit and Tenant shall look to Assignee with respect to the return of any security deposit, subject to the Lease and applicable law.

6. NOTICES

6.1 All notices under this Letter shall be given in the manner provided in the Lease or, if none, by personal delivery, nationally recognized overnight courier, or certified mail, return receipt requested, to the addresses set forth below or to such other address as a party may designate by written notice to the other.

Tenant Notice Address Assignee Notice Address

7. REPRESENTATIONS AND WARRANTIES

7.1 Tenant represents and warrants to Assignee that Tenant has the authority to execute this Letter, that the person signing on behalf of Tenant is duly authorized to bind Tenant, and that the statements in this Letter are true and correct as of the date hereof.

7.2 Assignee represents and warrants to Tenant that Assignee has the authority to accept attornment and to perform the obligations described herein upon the Transfer.

8. MISCELLANEOUS PROVISIONS

8.1 Governing Law. This Letter shall be governed by and construed in accordance with the laws of the state where the Premises is located, without regard to conflicts of laws principles.

8.2 Entire Agreement. This Letter contains the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, oral or written, between the parties relating to such subject matter.

8.3 Severability. If any provision of this Letter is held to be invalid, illegal or unenforceable, the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.

8.4 Amendments; Waiver. This Letter may be amended only by a written instrument executed by both parties. No waiver of any breach shall be deemed a waiver of any subsequent breach.

8.5 Counterparts. This Letter may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

INSTRUCTIONS AND CERTIFICATION

By signing below, each signatory represents and warrants that they are duly authorized to execute this Letter on behalf of the party for which they sign and that they have read and understand the terms of this Letter. Each party further certifies that the statements made herein are true, correct and complete to the best of such party's knowledge as of the date of signature.

Tenant:

By:

Date:

Assignee/New Owner:

By:

Date:

What a Legal Letter of Attornment Is and when it matters

A Legal Letter of Attornment is a written statement from a tenant confirming the landlord or a lender has certain rights with respect to the tenant’s lease obligations, typically after a sale, foreclosure, or change in ownership. It commonly acknowledges the new party as the landlord or mortgagee, confirms the lease remains in effect, and may state the tenant will pay rent to the new holder. Attornment letters are used mainly in commercial real estate workflows to preserve lease priority, enable lender reliance, and clarify payment and notice routing without renegotiating underlying lease terms.

Why a clear attornment letter benefits landlords, lenders, and tenants

A precise attornment letter creates a written record that preserves the lease relationship after ownership change, supports lender due diligence, and prevents disputes about rent payments or tenant rights. It reduces uncertainty during transfers and can protect tenant rights by reaffirming existing lease terms under a new owner.

Who typically prepares and signs an attornment letter

Attornment letters involve three primary participant groups depending on the transaction context.

Lenders and servicers confirming they may collect rent or rely on tenant acknowledgements in foreclosure or assignment situations.
Property owners or buyers seeking written tenant recognition of an ownership change and assurance of continued lease performance.
Commercial tenants who must confirm continued obligations and payment instructions without altering lease terms.

Each party signs for a distinct legal purpose: lenders protect collateral value, owners secure income streams, and tenants document continuity of rights and duties.

Core elements to include in a professional attornment letter

A complete attornment letter balances factual recital, clear acknowledgement language, and administrative details so all parties understand rights, payment routing, and effective dates.

Parties

Full legal names of tenant, landlord (current), and transferee or lender, including business entity type and state of formation where relevant.

Lease reference

Exact lease date, lease edition or amendment references, and the premises description so the letter ties unambiguously to the specific lease.

Acknowledgement

A clear statement that tenant recognizes the transferee as landlord or mortgagee and will attorn and pay rent per the existing lease terms.

Payment instructions

Current rent payment address or electronic payment routing and the effective date when payments should be directed to the new party.

Reservation language

Any landlord or tenant reservations, such as rights preserved under the lease, non-waiver clauses, or limits to attornment scope.

Execution details

Signature blocks with printed names, titles, dates, and any required notarization or witness lines for enforceability.

Essential data fields to record

Tenant Name: Legal entity name

Landlord Name: Legal owner name

Transferee: Lender or buyer name

Premises: Address or unit identifier

Lease Date: Original lease date

Effective Date: Attornment effective date

Step-by-step process to prepare and execute an attornment letter

Follow these practical steps to draft, authorize, and circulate the attornment while maintaining evidence of consent and execution.

01

Draft: Assemble parties and lease references; draft precise acknowledgement language.
02

Review: Have legal counsel or lender counsel review for required language and reservations.
03

Sign: Authorized tenant signatory executes; notarize if required by parties.
04

Distribute: Provide executed copies to tenant, landlord, lender, and recording custodian if applicable.

Where to send the attornment and who retains the record

Attornments are circulated to ensure each party and their counsel have an executed copy and that lenders can rely on tenant acknowledgements.

Tenant retains: Original signed copy for lease file.
Landlord / Buyer: Executed copy for property records.
Lender / Servicer: Copy for collateral and due diligence file.
Counsel / Title: Copy to counsel or title company for closing or record-keeping.

Digital signing and file formats to use for attornment letters

Use PDF or DOCX formats and an e-signature platform that preserves an audit trail, signer attribution, and tamper-evidence.

File formats: PDF, DOCX supported
Authentication: Email, SMS, or KBA
Integrations: CRM and storage

Ensure the platform you choose supports robust audit logs, optional notarization or RON workflows, and exports signed PDFs that meet legal and lender requirements.

Typical online workflow settings for attornment execution

Configure fields and signer authentication to produce a legally defensible, auditable record when completing the attornment online.

Field	Configuration
Signature Block	Signature + printed name + title + date
Attachment	Attach lease PDF reference
Signer Auth	Email link or SMS code
Audit Trail	Enable IP, timestamp, and certificate

Timing considerations and processing expectations

Plan signings and distribution to align with closings, loan funding, or foreclosure timelines; late attornments can delay transactions.

Pre-closing delivery:

Provide attornment before or at closing whenever possible.

Lender reliance start:

Effective date often coincides with sale or assignment.

Record retention:

Store executed copy immediately after signing.

Notary scheduling:

Allow time for notary or RON session.

Counsel review:

Schedule review early to avoid closing delays.

Frequent preparation errors to avoid

Using informal or ambiguous language that fails to clearly identify the lease or parties, creating uncertainty for lenders or buyers.
Providing inconsistent names or addresses compared with the lease, which can prevent title or lender acceptance and require re-execution.
Skipping counsel review when a lease has special assignment or consent clauses, leading to inadvertent waivers or breaches.
Failing to preserve an audit trail or notarization when required, reducing the document's weight for reliance during foreclosure or sale.

Consequences of an incorrect or incomplete attornment

Invalid reliance: Lender may decline to rely

Payment disputes: Tenant may misdirect rent

Closing delays: Sale or funding postponed

Legal exposure: Breach claims possible

Title issues: Title insurer objections

Record gaps: Missing notarization complicates proof

Real-world examples of attornment usage and outcomes

These brief examples show how executed attornments supported transactions and operational continuity.

Martin Properties

A regional owner used signNow to process lease-related acknowledgements quickly

The team executed multiple tenant attornments before closing
The online execution preserved compliance and allowed the sale to close on schedule while keeping tenant operations uninterrupted.

Optica Ventures

A small portfolio investor required tenant attornments for lender due diligence

Tenants returned signed letters electronically within days
The investor compiled auditable records that expedited financing and reduced manual follow-up.

eSignature vendor pricing and capability snapshot for attornment letters

Compare basic pricing and common feature availability across major eSignature vendors to inform platform selection for attornment workflows.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Common questions about Legal Letters of Attornment

Answers to frequent questions about enforceability, electronic signing, notarization, and what to do when an attornment needs correction.

Need help? Contact support

Is an attornment legally binding?
Yes when properly executed by an authorized tenant representative and delivered to the intended party; binding effect depends on clear acknowledgement language and the tenant's authority to contract under the lease.
Can a tenant sign electronically?
Yes. Electronic signatures satisfy the ESIGN Act (15 U.S.C. ch. 96) and UETA in most states if intent, consent, attribution, and record retention requirements are met.
When is notarization required?
Notarization is not universally required for attornments but may be requested by lenders or title companies; check transaction documents and state notary rules before execution.
What if the letter contains an error?
If material, execute a corrected attornment and circulate it with a short correction statement; counsel should confirm whether re-attornment is needed for lender acceptance.
Who should sign on behalf of the tenant?
An authorized officer or manager with signing authority per the tenant's organizational documents; obtain board or partner approvals if corporate governance requires them.
How long should records be kept?
Retain executed attornments for the life of the lease plus a recommended minimum of seven years; follow IRS (IRC §6501(a)) and HIPAA (45 CFR §164.530(j)) retention rules where applicable.

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now