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GUIDELINE

Guideline for Drafting Notice to Tenant to Attorn Tenancy

Usage: A Notice to Tenant to Attorn Tenancy is used in real estate and property management when there is a change in ownership or landlord, and the new owner or landlord wishes to formalize the tenant's acknowledgment of this change and their intention to continue the lease. It is a crucial step in maintaining a smooth transition of tenancy.

Common Mistakes to Avoid:

Incomplete Identification: Clearly identify the current and new landlord, the tenant, and the rental property, providing full legal names, contact details, and property address.

Unclear Intent: Specify the reason for the notice, which is to inform the tenant of the change in ownership and to request their acknowledgment to continue the lease.

Failure to Reference the Lease Agreement: Reference the existing lease agreement and its terms, ensuring that the attorned tenancy will be subject to the same conditions unless otherwise agreed upon.

Vague Language: Use clear and simple language to convey the notice, avoiding overly technical or legal jargon.

Neglecting Legal Compliance: Ensure that the notice complies with local and national landlord-tenant laws and regulations, including any required notices or disclosures.

Improper Notice Delivery: Deliver the notice according to local laws and the terms of the lease agreement, which may require certified mail or other recognized methods.

Inadequate Documentation: Keep copies of all relevant documents, including the notice, the current lease agreement, correspondence, and proofs of delivery for future reference and legal protection.

Use of Offensive Language: Maintain a professional and respectful tone in the notice to foster cooperation and maintain a positive tenant-landlord relationship during the transition.

Failure to Address Tenant's Concerns: Provide contact information for the new landlord or property manager to address any questions or concerns the tenant may have.

Ignoring Tenant's Right to Choose: Remember that the tenant has the right to decide whether to attorn the tenancy or not; this notice should serve as a formal request and not as coercion.

By adhering to these guidelines and avoiding common mistakes, landlords can effectively draft a Notice to Tenant to Attorn Tenancy, facilitating a smooth transition of tenancy in compliance with legal requirements and maintaining positive tenant relations.

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