A Harris Texas Nondisturbance and Attornment Agreement with a landlord is a legal document that aims to protect the tenant's leasehold interest in the event of certain situations, such as the landlord defaulting on their mortgage or experiencing foreclosure proceedings. This agreement ensures the tenant's rights to use and occupy the leased premises will not be disturbed, allowing them to continue their business operations without significant disruption. The Harris Texas Nondisturbance and Attornment Agreement is primarily concerned with three parties: the landlord, the tenant, and the landlord's lender. This agreement is typically executed between these parties to safeguard the tenant's rights and interests. Essentially, this agreement specifies that if the landlord defaults on their mortgage or faces foreclosure, the lender will recognize the tenant's lease and not interfere with their occupation of the premises. The lender acknowledges the tenant as a lawful occupant and agrees not to terminate their lease or disturb their possession. In effect, the Harris Texas Nondisturbance and Attornment Agreement establishes a direct relationship between the tenant and the lender. It ensures that the tenant's leasehold interest is recognized, protected, and unaffected by any actions taken against the landlord due to financial or legal issues. There are various types of Harris Texas Nondisturbance and Attornment Agreements with a landlord, each tailored to different scenarios and needs. Some specific types include: 1. Commercial Nondisturbance and Attornment Agreement: This type of agreement is commonly used in commercial leases, where businesses operate in leased spaces in commercial buildings or complexes. It safeguards the commercial tenant's rights and prevents any lease invalidation due to the landlord's default or foreclosure. 2. Residential Nondisturbance and Attornment Agreement: In this version of the agreement, the focus is on protecting tenants in residential properties from displacement or eviction due to the landlord's financial or legal issues. This agreement ensures the tenant can continue their residency uninterrupted during any foreclosure proceedings. 3. Subordination, Nondisturbance, and Attornment Agreement (SODA): This comprehensive agreement combines three elements: subordination, nondisturbance, and attornment. The subordination clause establishes the priority of the landlord's lender over the tenant's lease, while nondisturbance provides protection to the tenant against eviction or lease termination. Lastly, attornment refers to the tenant's agreement to recognize and accept the lender as the new landlord in the event of foreclosure. In summary, the Harris Texas Nondisturbance and Attornment Agreement with a landlord safeguards the tenant's leasehold interest in ensuring their rights to use and occupy the premises are protected, regardless of any actions taken against the landlord due to default or foreclosure. Whether in commercial or residential settings, executing this agreement establishes a secure relationship between the tenant, landlord, and lender, allowing businesses to continue operations without significant disruptions and residents to maintain their residency.
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.