Legal Question in Real Estate Law in Massachusetts

Retail Space Lease attachments

My landlord has forwarded two documents for my signature. 1. Subordination Non-Disturbance and attornment Agreement 2. Tenant Estoppel Certificate I already have a lease agreement in force. What are these documents all about? Are these harmless documents? Should I sign these?


Asked on 5/15/98, 1:09 pm

2 Answers from Attorneys

Alan Pransky Law Office of Alan J. Pransky

Titles of documents don't tell the story

It is impossible to give advice about signing documents without seeing the documents.I suspect that the documents relate to refinancing by your landlord. However, the titleof the documents can be misleading.

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Answered on 6/09/98, 10:10 pm

Please fax them to me at 617 527 1763.

Attornment and subordination are things that apply if the property is being sold (presumablyto a larger company) or additional financing is sought by the landlord). These are thingsthat are often included in leases within largeshopping malls where there's no option given toeach tenant; you might be in a position to bargain for something you want from him.

You might also have agreed already to facilitate him by doing those things on demand, which is also a common provision in well-drafted commercial leases.You'd better fax me your lease, also.

I first learned about commercial leases in Mass.when I studied commercial leases under a sitting Mass. Appeals Court Judge. Let's see what I can tell you!

First, I'll first check the names of the parties to makesure there are no conflicts of interest, since I practicein Mass. Then I'll contact you back by e-mail.

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Answered on 6/10/98, 2:48 am


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