This office lease form states that in the event of a mortgage foreclosure, or termination of any interest which is superior to the lease, the lease shall continue as a lease between the landlord's successors as Lessor and the tenant as lessee with the same force and effect as the originally entered into the lease and the tenant shall be permitted to remain in undisturbed possession, use and occupancy of the premises, provided that the tenant is not in default under the lease after the giving of notice and the expiration of the applicable grace or cure period as provided in the lease.
Montana General Nondisturbance Agreement
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US-OL20034B
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FAQ
A Montana month-to-month rental agreement is a lease between a landlord and tenant for the renting of property without an end date. The only way to terminate or change the lease is to provide notice of at least thirty (30) days or the notice period in the agreement, whichever is longer.
70-24-441. Termination by landlord or tenant. (1) The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least 7 days before the termination date specified in the notice.
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.
Code §§70-24-311 allows landlords to adopt ?a rule concerning the tenant's use and occupancy of the premises.? If such a rule is adopted after a rental agreement is created between a tenant and a landlord, the landlord must provide 30 days' written notice before the rule takes effect. (Mont. Ann. Code §§70-24-311)
70-24-426. Remedies for absence or abandonment. (1) If the rental agreement requires the tenant to give notice to the landlord of an anticipated extended absence in excess of 7 days, as provided for in 70-24-322, and the tenant fails to do so, the landlord may recover actual damages from the tenant.
What is a Non-disturbance Agreement? A non-disturbance agreement, also known as an "adverse possession" agreement, is a contract between two parties that allows one party to use the property of another without being disturbed. This is usually done for residential properties.
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.
814 - ABANDONED PROPERTY. (1) Property left unattended for more than 48 hours may be impounded, except where otherwise posted.
Early termination by landlord If the landlord wishes to terminate the lease early, they have to give a notice period of month to month, 30 days; week to week, 7 days.
Non-disturbance is a contractual agreement by the lender not to disturb tenant's possession of the property rented in the event of a foreclosure. A tenant should require a non-disturbance agreement from a lender in any situation in which the tenant is agreeing to subordinate the lease to the lien of the loan.
