A San Jose California Nondisturbance and Attornment Agreement with a Landlord is a legal document that provides protection to a tenant by ensuring their rights and leasehold interests in a property are recognized and upheld, even in the event of a foreclosure action or a change in ownership of the property. This agreement is particularly important for tenants who occupy commercial properties, such as office spaces, retail stores, or industrial facilities, as it safeguards their occupancy rights and provides assurance for the continuity of their business operations. The agreement typically includes the following key elements: 1. Nondisturbance: The agreement ensures that the tenant's rights and possession of the leased property will not be disturbed or interrupted by any actions taken by the landlord's lender, such as foreclosure proceedings. This provision protects the tenant from being abruptly evicted or having their lease terminated due to the landlord's financial difficulties. 2. Attornment: The tenant agrees that in the event of a change in ownership of the property, they will recognize and acknowledge the new owner or landlord as their rightful landlord. This provision ensures a smooth transition of the lease and prevents any disruptions to the tenant's occupancy rights. 3. Subordination: The tenant acknowledges that their lease is subordinate to any mortgage or lien held by the landlord's lender or future purchaser of the property. This means that if the landlord defaults on their mortgage payments and the property goes into foreclosure, the tenant's rights are subject to the lender's rights. However, through the agreement, the lender agrees to honor and respect the terms and conditions of the existing lease. 4. Estoppel Certificate: As part of the agreement, the tenant is required to provide an estoppel certificate that confirms the current status of the lease agreement, including details such as rent amounts, lease termination dates, and any other relevant lease provisions. This document helps protect both the tenant and the new landlord by clarifying the lease terms and avoiding potential disputes or misunderstandings. Although the general purpose of a San Jose California Nondisturbance and Attornment Agreement remains the same, there may be variations based on specific types of leases or properties. For example, there may be separate agreements for retail leases, office leases, or industrial leases, which may include additional clauses tailored to the unique needs of each type of tenant. In conclusion, a San Jose California Nondisturbance and Attornment Agreement with a Landlord is a crucial legal document that safeguards a tenant's rights and leasehold interests in a commercial property. By assuring the continuity of the tenant's occupancy rights, this agreement provides security and stability for businesses operating in San Jose, California.
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.