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Making a Non-Disturbance Agreement
When renting a mortgaged property, tenants, landlords, and lenders can all benefit from a Non-Disturbance Agreement, also called a Subordination Non Disturbance and Attornment (SNDA) Agreement. If you're a residential or commercial tenant, this document protects you from being evicted if the landlord doesn't pay the mortgage. Landlords can show their tenants they play by the rules, and lenders get assurance that they'll still get rent payments if the landlord stops paying.
Use the Non-Disturbance Agreement document if:
Most rental properties are mortgaged, so a rental agreement is rarely between just a landlord and tenant. Most likely, there's a third party - the lender - with a stake in the property. When a property owner gets into financial trouble and can't make payments, it's a huge hassle for tenants and for the mortgage holder. This is especially critical if you are a business with a significant investment in your leased space. With a Non-Disturbance Agreement, there's no reason for you to be displaced - as long as you keep writing rent checks. In an uncertain economy, landlords can show they have their tenants' interests at heart by signing an agreement. Lenders benefit from an uninterrupted income stream and protect their investment.
Other names for this document: Subordination and Non-Disturbance Agreement, SNDA, Non-Disturbance Agreement Form