Mississippi Attornment Provision in a Sublease

State:
Multi-State
Control #:
US-OL2004
Format:
Word; 
PDF
Instant download

Description

This office lease is extremely harsh on the subtenant and grants no non-disturbance rights or any other protections.

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FAQ

What is an SNDA? A subordination, non-disturbance, and attornment clause outlines the rights of the tenant, landlord, and third parties with an interested in the property. Potential third parties included in an SNDA include a lender funding the building or a party buying the property.

A use clause can be either a restriction on how you do business?telling you what you can't do?or a prescription, telling you what you must do. In general, you'll want to avoid strict restrictions on your use of the rented space, so count yourself lucky if the landlord's lease doesn't include a use clause.

SDNA stands for Subordination Non-Disturbance and Attornment. It essentially guarantees that if the landlord defaults, neither the landlord nor the lender can cancel a tenant's lease.

The primary effect of an SNDA is that the tenant agrees to subordinate its lease to the mortgage in exchange for the lender agreeing not to disturb the tenant if the lender forecloses its superior security interest in the real property.

A nondisturbance clause is a provision in a mortgage contract that ensures that a rental agreement between the tenant and the landlord will continue under any circumstances. This is done primarily to protect the renter from eviction by the mortgagor if the property is foreclosed upon by the lender.

Lender agrees that Tenant's possession of the Premises shall not be disturbed by Lender during the term of the Lease, and Lender shall not join Tenant in any action or proceeding for the purposes of terminating the Lease, except upon the occurrence of a default by Tenant under the Lease and the continuance of such ...

During your tenancy, your landlord is also required to maintain the premises in a habitable condition. This means they must, among other things, comply with building and housing codes materially affecting health and safety, and maintain the unit in substantially the same condition it was in at the start of the lease.

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Mississippi Attornment Provision in a Sublease