When an office tenant signs their commercial office space lease, it’s only natural to assume that the tenant will have an undisturbed tenancy and complete access to the premises as noted in the lease. This is often the case, however, there comes a time on occasion when a tenancy is disturbed for one reason or another. This can happen when the property has a mortgage on it and there is a lender involved. Should the property owner/landlord default on their mortgage, the lender may have a right to interject in some form. This is where a subordination and non-disturbance agreement comes into play.
What Is a Subordination and Non-Disturbance Agreement?
The subordination and non-disturbance agreement is one which will be signed at the time of the lease signing. Basically, this agreement states that should the landlord default on their loan, the rights of the tenant are subordinate to the lender. The non-disturbance portion of the agreement safeguards the tenant by stating that, even though the lender forecloses on a property, the tenancy and tenant’s rights under the lease will go undisturbed. This agreement acts as a way to cover any issues which could possibly arise in the future with a property that is in some way involved with a lender.
Is This Form of Agreement Common?
In commercial office space leasing, you will often find a subordination and non-disturbance agreement present within the paperwork. With real estate transactions such as this one, it’s important to consider all possible instances which could occur in the future and ensure that there is an agreed-upon solution stated in writing should such an instance occur. Office space tenants should not be hesitant to sign a subordination and non-disturbance agreement as it will safeguard their tenancy in the future and ensure that their lease term will go undisturbed throughout the length thereof.
The Importance of Reading the Agreement Thoroughly and Ensuring It’s Part of the Lease Agreement
When presented with the subordination and non-disturbance agreement, office space tenants should read through the agreement thoroughly and make sure that their rights under the agreement are known. A tenant representative can help the office space tenant to understand this document and explain in further detail the different components of it. With an agreement of this type as part of the lease arrangement, the tenant knows exactly where they stand should the lender choose to foreclose. It’s also readily agreed to by the lender, as the subordination portion benefits their rights to the property, especially when there is a tenant in possession of the property under the lease term.
The subordination and non-disturbance agreement is just one more necessary piece of the leasing puzzle which helps to outline the rights of the parties involved in the real estate transaction. It will not be put into the motion in most instances, however, it is vital to have this type of strategy in place should a loan default and foreclosure become an issue during the life of the lease term. Tenants should be sure to inquire with their tenant representative about any questions they may have related to this type of agreement prior to signing it.
