A Cook Illinois Nondisturbance and Attornment Agreement with a landlord is a legal contract that aims to protect the rights and interests of a tenant in the event of a landlord's default or foreclosure on the property. This agreement is generally signed by the tenant, the landlord, and any potential mortgage lender. The Nondisturbance clause ensures that, in the event of a default or foreclosure, the tenant's lease will be recognized by the new owner or lender. It prevents eviction or disturbances in the tenant's enjoyment and use of the premises, allowing them to continue operating their business without interruption. The Attornment clause establishes the tenant's agreement to recognize and accept a new landlord or lender, typically the foreclosing entity, as their new landlord. This clause ensures that the tenant's rights and obligations under the lease will continue, even after a change of ownership. In Cook County, Illinois, there are various types of Nondisturbance and Attornment Agreements available, tailored to specific situations: 1. Standard Nondisturbance and Attornment Agreement: This is the most common type of agreement used in commercial lease transactions. It protects the tenant in cases of default or foreclosure, ensuring their rights are upheld and that they can continue operating their business without interruptions. 2. Subordination, Nondisturbance, and Attornment Agreement (SODA): This agreement is often utilized when a tenant leases property in a multi-tenant building or shopping center. It addresses the relationship between the tenant, landlord, and the mortgage lender providing financing for the entire property. The SODA clarifies the priority of various parties' rights and obligations, ensuring tenants are protected. 3. Estoppel Certificate: Though not precisely a Nondisturbance and Attornment Agreement, an estoppel certificate serves a similar purpose. It is a document signed by the tenant certifying certain lease-related information, typically requested by a new lender or potential buyer during a property sale or refinancing. The estoppel certificate confirms the terms and conditions of the lease, the tenant's rent and security deposit status, and highlights any rights or obligations that may affect the property's value. In summary, a Cook Illinois Nondisturbance and Attornment Agreement with a landlord is a critical legal instrument that protects the tenant's rights and ensures their continued possession, enjoyment, and business operations within the leased premises in the event of a default or foreclosure. By signing this agreement, tenants can safeguard their leasehold interests and mitigate any potential disruptions caused by changes in the property's ownership or financing.
Para su conveniencia, debajo del texto en espaƱol le brindamos la versiĆ³n completa de este formulario en inglĆ©s. For your convenience, the complete English version of this form is attached below the Spanish version.