Indiana Nondisturbance and Attornment Agreement With Landlord is a legal document that offers protection to tenants in the event of a foreclosure on the leased property. This agreement ensures that tenants' rights are recognized and preserved, regardless of the change in ownership or possession of the property. In Indiana, there are generally two types of Nondisturbance and Attornment Agreements with Landlords: 1. Nondisturbance Agreement: This agreement establishes that, in the event of foreclosure, the tenant's lease will continue uninterrupted, and the new owner or landlord will recognize and respect the terms and conditions of the existing lease agreement. It provides tenants with the security of retaining their rights, such as occupancy, lease terms, and other agreed-upon provisions. 2. Attornment Agreement: Under this agreement, the tenant agrees to recognize and accept a new owner or landlord as the successor to the previous landlord. In case of foreclosure or change in ownership, the tenant agrees to "attorn" to the new owner, which means they will acknowledge the new owner as their landlord and fulfill all obligations under the original lease. The Indiana Nondisturbance and Attornment Agreement With Landlord typically contains the following key elements: 1. Identification of the parties involved: The agreement names the tenant, the current landlord, and identifies the potential future landlord in case of foreclosure or change in ownership. 2. Lease continuation clause: This clause assures the tenant that their lease will continue as originally agreed upon, regardless of any new ownership or foreclosure situation. 3. Tenant's rights preservation: The agreement stipulates that the new owner or landlord will honor all tenant rights, such as the right to quiet enjoyment, maintenance and repairs, and adherence to lease terms. 4. Attornment provision: If the original landlord loses ownership of the property due to foreclosure, this provision requires the tenant to recognize and attorn to the new owner, acknowledging them as the new landlord and abiding by the terms of the original lease. 5. Notice provision: The agreement may include a notice requirement specifying how and when the tenant should be notified of any foreclosure proceedings or changes in ownership. It is important for both tenants and landlords in Indiana to understand the specifics of the Nondisturbance and Attornment Agreement to ensure their rights are protected in case of unforeseen circumstances. Seeking legal advice and review before entering into such an agreement is highly recommended ensuring the agreement aligns with their specific needs and requirements.
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.