This office lease form shall be subject and subordinate to all present and future ground leases, overriding leases or underlying leases and/or grants of term of the Land and/or the building or the portion thereof in which the Demised Premises are located. This Section shall be self-operative and no further instrument of subordination shall be required. This form also states that the landlord and the tenant agree to share equally all costs incurred in connection with obtaining any Non-disturbance Agreement from the existing superior lessors or superior mortgagees.
The Tennessee Nondisturbance Provision, often known as the "Tenant Friendly" Nondisturbance Provision, is a legal protection that ensures tenants will not face eviction or be disturbed in their enjoyment of leased premises in the event of foreclosure or other property transfers. This provision is primarily included in leases or rental agreements to safeguard tenants' rights and provide them with a sense of security. When a property is subject to foreclosure, it is common for the new owner to terminate existing leases, forcing tenants to vacate. However, Tennessee's Nondisturbance Provision prohibits this practice and offers tenants added protection during ownership changes. By incorporating this provision into a lease agreement, tenants can continue to occupy the premises without being evicted, even if the property is foreclosed upon. The Tennessee Nondisturbance Provision can be further classified into different types based on the level of protection and specific circumstances they cover. Some common variations include: 1. Basic Nondisturbance: This provision offers minimal protection to tenants. It ensures that tenants will not be immediately evicted upon foreclosure but provides limited safeguards beyond that. 2. Enhanced Nondisturbance: This type of provision goes beyond the basic protection and includes additional clauses that extend the tenant's rights. It may outline specific actions that the new owner cannot take, such as raising rent excessively or redeveloping the property in a way that disrupts the tenant's business. 3. Full Nondisturbance: The full nondisturbance provision is the most comprehensive type available. It provides tenants with extensive protection by prohibiting the termination of the lease, ensuring the lease terms remain in place, and maintaining all current rights and obligations. This type of provision is commonly favored by tenants and offers the highest level of security. 4. Customized Nondisturbance: In some cases, landlords and tenants may negotiate and create a customized version of the nondisturbance provision that suits their specific needs. This can involve tailoring the language within the provision to address unique circumstances or preferences of both parties. In summary, the Tennessee Nondisturbance Provision, particularly the tenant-friendly variations, acts as a safeguard for tenants when their leased premises undergo foreclosure or change of ownership. It offers peace of mind by ensuring that tenants can continue their occupancy without facing immediate eviction or disruption. Whether it is the basic, enhanced, full, or customized version, this provision plays a crucial role in protecting the tenant's rights and overall leasing experience in Tennessee.
