if you are a commercial tenant, a commercial landlord, or a lender taking a mortgage against commercial property. If you're a tenant, this form also protects you from being evicted if your landlord stops paying its mortgage loan.
Aurora Colorado Lease Subordination, Non-Disturbance, and Attornment Agreement (SODA) is a legal document that outlines the rights and obligations of the parties involved in a lease agreement, particularly the landlord, tenant, and lender. It clarifies the relationship between the lease and any existing or future mortgage on the property. In Aurora, Colorado, there are different types of Lease Subordination, Non-Disturbance, and Attornment Agreements that serve specific purposes based on the particular lease and mortgage arrangements. These include: 1. Lease Subordination Agreement: This type of agreement is executed when a tenant agrees to subordinate their lease to a mortgage or lien on the property. By subordinating the lease, the tenant acknowledges that the mortgage takes precedence in case of foreclosure or sale of the property. It gives the lender priority over the tenant's rights and ensures that the lease does not impede the lender's interest. 2. Non-Disturbance Agreement: A non-disturbance agreement protects the rights and interests of tenants in the event of a foreclosure or sale of the property. It ensures that, if the lender takes possession through foreclosure or obtains ownership through a sale, the tenant's lease will remain in effect and the tenant will not be disturbed or evicted as a result. This agreement offers security to tenants, assuring them that their occupancy will continue undisturbed. 3. Attornment Agreement: An attornment agreement is an agreement where a tenant agrees to recognize and accept a new landlord in the event that the property is sold or the landlord's interest transfers to a different entity. It establishes a legal relationship and sets forth the tenant's obligation to pay rent and perform lease covenants to the new landlord. The agreement protects the interests of both the new landlord and the tenant by ensuring a smooth transition and continued tenancy. 4. Combined SODA: In some cases, all three elements — subordination, non-disturbance, and attornment — are combined into a single agreement, commonly known as a Combined SODA. This comprehensive agreement addresses all aspects of a lease's relationship with the mortgage or lien on the property, providing protection to all parties involved. In summary, Aurora Colorado Lease Subordination, Non-Disturbance, and Attornment Agreements establish the rights and obligations of landlords, tenants, and lenders in the context of lease and mortgage arrangements. Whether it's subordinating the lease to a mortgage, securing non-disturbance rights for tenants, or establishing an attornment relationship with a new landlord, these agreements ensure clarity, stability, and protection for all parties involved.
Aurora Colorado Lease Subordination, Non-Disturbance, and Attornment Agreement (SODA) is a legal document that outlines the rights and obligations of the parties involved in a lease agreement, particularly the landlord, tenant, and lender. It clarifies the relationship between the lease and any existing or future mortgage on the property. In Aurora, Colorado, there are different types of Lease Subordination, Non-Disturbance, and Attornment Agreements that serve specific purposes based on the particular lease and mortgage arrangements. These include: 1. Lease Subordination Agreement: This type of agreement is executed when a tenant agrees to subordinate their lease to a mortgage or lien on the property. By subordinating the lease, the tenant acknowledges that the mortgage takes precedence in case of foreclosure or sale of the property. It gives the lender priority over the tenant's rights and ensures that the lease does not impede the lender's interest. 2. Non-Disturbance Agreement: A non-disturbance agreement protects the rights and interests of tenants in the event of a foreclosure or sale of the property. It ensures that, if the lender takes possession through foreclosure or obtains ownership through a sale, the tenant's lease will remain in effect and the tenant will not be disturbed or evicted as a result. This agreement offers security to tenants, assuring them that their occupancy will continue undisturbed. 3. Attornment Agreement: An attornment agreement is an agreement where a tenant agrees to recognize and accept a new landlord in the event that the property is sold or the landlord's interest transfers to a different entity. It establishes a legal relationship and sets forth the tenant's obligation to pay rent and perform lease covenants to the new landlord. The agreement protects the interests of both the new landlord and the tenant by ensuring a smooth transition and continued tenancy. 4. Combined SODA: In some cases, all three elements — subordination, non-disturbance, and attornment — are combined into a single agreement, commonly known as a Combined SODA. This comprehensive agreement addresses all aspects of a lease's relationship with the mortgage or lien on the property, providing protection to all parties involved. In summary, Aurora Colorado Lease Subordination, Non-Disturbance, and Attornment Agreements establish the rights and obligations of landlords, tenants, and lenders in the context of lease and mortgage arrangements. Whether it's subordinating the lease to a mortgage, securing non-disturbance rights for tenants, or establishing an attornment relationship with a new landlord, these agreements ensure clarity, stability, and protection for all parties involved.
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.