Legal

Non-Disturbance Agreement

A commitment from a lender or superior interest holder that it will honor the tenant's lease rights and not disturb the tenant's possession if the landlord defaults on its loan and the lender forecloses on the property.

Extended Definition

A non-disturbance agreement (NDA) is the tenant-protective component of the three-part SNDA package. The lender agrees: if it takes title through foreclosure, it will recognize the lease and allow the tenant to remain in occupancy on the existing lease terms, so long as the tenant is not in default. In return, the tenant agrees to attorn (recognize) the lender as the new landlord. NDAs should be obtained from all existing lenders at lease execution, not just future lenders. Tenants in buildings with significant leverage should treat the absence of an NDA as a critical risk item requiring immediate escalation.

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