Harris Texas Subordination Nondisturbance and Attornment Agreement, also known as SODA agreement, is a legal document used in commercial real estate transactions to establish the rights and obligations of lenders, tenants, and landlords. This agreement is commonly used in Harris County, Texas, to ensure the interests of all parties involved are protected. The Harris Texas SODA agreement consists of three main components: subordination, non-disturbance, and attornment. Each component addresses different aspects of the relationship between lenders, tenants, and landlords. Subordination refers to the priority of liens or claims on a property. In the context of an SODA agreement, it means that the lender's lien takes priority over the tenant's lease. In other words, if the property is foreclosed, the lender's rights to the property will supersede the rights of the tenant. Non-disturbance ensures that the tenant's lease rights are not disturbed in the event of foreclosure or similar actions by the lender. It provides reassurance to the tenant that their lease will be honored, and they will not be evicted if a foreclosure occurs. Attornment refers to the tenant's agreement to recognize and accept a new landlord in case of a change in ownership of the property. In other words, the tenant agrees to continue paying rent and abiding by the terms of the lease to the new owner or lender who assumes ownership. There are different types of Harris Texas SODA agreements, including those specific to commercial mortgages, lease agreements, and franchise agreements. The content and terms may vary depending on the specific transaction and the parties involved. In summary, the Harris Texas SODA agreement is a crucial legal document that protects the rights and interests of lenders, tenants, and landlords in commercial real estate transactions in Harris County, Texas. It ensures that the lender's lien takes priority over the tenant's lease, provides non-disturbance rights to the tenant, and establishes the tenant's obligation to recognize and accept a new landlord if ownership of the property changes.
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.