A District of Columbia Nondisturbance and Attornment Agreement with the landlord, also known as an "NCAA," is a legal contract that provides protection for tenants in the case of a foreclosure or sale of the property they are leasing. This agreement ensures that the tenant's lease will remain in effect and that they will not be disturbed by any changes in ownership or the landlord's financial situation. There are two main types of District of Columbia Nondisturbance and Attornment Agreements with Landlord: 1. Consensual Agreement: This type of NCAA is entered into willingly by both the landlord and the tenant. It typically includes provisions that state the tenant's lease will not be affected if the property is sold or foreclosed upon. The tenant agrees to recognize and attorn to any new owner, meaning they will accept the new owner as their landlord and continue performing their lease obligations. 2. Unilateral Agreement: In some cases, the landlord may be required by their lender or a third party to provide an NCAA to their tenants. This type of agreement is often necessary when the landlord is financing or refinancing the property. It protects the tenant's rights by stipulating that their lease will remain intact regardless of any change in ownership due to foreclosure or sale. A typical District of Columbia Nondisturbance and Attornment Agreement with the landlord may include the following key elements: 1. Identification of the parties involved: The agreement will clearly state the names and addresses of both the landlord and the tenant, along with any other relevant information. 2. Lease preservation clause: This provision ensures that the tenant's lease will remain in full force and effect despite any change in ownership or financial situation of the landlord. 3. Recognition of the new owner: The tenant agrees to recognize and attorn to any new owner or successor of the property as their new landlord. 4. Tenant's rights and obligations: The agreement may specify that the tenant's rights, obligations, and lease terms will continue as originally agreed upon, and the new landlord will assume all the original landlord's responsibilities. 5. Notice requirements: The agreement may outline the procedures for providing notice to the tenant in case of foreclosure or sale of the property. 6. Governing law: It will stipulate that the agreement is subject to the laws and regulations of the District of Columbia. 7. Signatures: Lastly, both the landlord and the tenant must sign the agreement to make it legally binding. In summary, a District of Columbia Nondisturbance and Attornment Agreement with the landlord is a crucial legal document that protects tenants' rights in the event of a foreclosure or sale of the property they are leasing. Consensual and unilateral agreements are the two main types, with consensual agreements being entered into willingly by both parties, while unilateral agreements are often required by lenders or third parties. By understanding the key elements of this agreement, tenants can feel confident that their lease will remain intact even during times of change in ownership or financial circumstances.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.