Oregon General Nondisturbance Agreement

State:
Multi-State
Control #:
US-OL20034B
Format:
Word; 
PDF
Instant download

Description

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.

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FAQ

Lenders operating in the commercial real estate space will frequently require, or consider requiring, an additional document referred to as an ?SNDA,? an acronym that stands for ?Subordination, Non-Disturbance, and Attornment Agreement?.

A tenant estoppel confirms in writing that a lease exists and outlines the conditions and terms of that lease. SNDA stands for Subordination, Non-Disturbance and Attornment Agreement. This is an agreement between a tenant and a lender that spells out important rights for each party.

SNDAs govern the relationship between a tenant and a lender in the event of a default by the landlord under its loan documents and a subsequent foreclosure by the lender.

State Laws: When a Guest Legally Becomes a Tenant StateRules on Guests Becoming TenantsOregonNo official cutoff. Landlord must specify in lease between guests and tenantsPennsylvaniaGuests become tenants after 30 days or contributing moneyRhode IslandNo official cutoff. Landlord must specify in lease47 more rows ?

Notices to Terminate the Tenancy To end a month-to-month tenancy during the first year of the tenancy, you must give your tenant a 30-day written notice, unless the rental unit is in the city of Portland, where 90 days' notice and payment of relocation costs is required for no-cause terminations.

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.

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.

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. Each individual word references a separate provision; some lenders may desire some provisions and not others, depending on their goals.

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Oregon General Nondisturbance Agreement