The Texas Overkill Nondisturbance Agreement is a legal document that provides protection to tenants or lessees by ensuring that their rights and interests in a property are preserved, even in the event of a foreclosure by the landlord's lender. This agreement is particularly significant when a tenant is leasing a property that is subject to a mortgage or lien held by a lender. In such cases, if the landlord fails to repay the mortgage, the lender may foreclose on the property. Without a Nondisturbance Agreement in place, the tenant's lease could be terminated, and they may have to vacate the premises, even if they have been diligently fulfilling their lease obligations. The Texas Overkill Nondisturbance Agreement aims to prevent this undesirable outcome by requiring the lender to recognize the tenant's lease and honor their rights as long as the tenant is not in default of their lease terms. It offers the tenant peace of mind, knowing that they will not be abruptly displaced in case of a foreclosure. There may be different types or variations of the Texas Overkill Nondisturbance Agreement. Some agreements may provide even stronger protections for the tenant, specifying that the lender must allow the lease to continue regardless of default by the landlord. Others may contain specific clauses that address the return of the tenant's security deposit or establish the tenant's right to receive notices directly from the lender. In summary, the Texas Overkill Nondisturbance Agreement is a crucial legal instrument that safeguards a tenant's rights when they lease a property subject to mortgage or lien. It ensures that the tenant can continue to occupy the premises and enjoy the benefits of the lease agreement, even if the landlord faces foreclosure. This agreement provides security to both tenants and lenders, allowing for a more stable and predictable leasing environment.
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.