Arkansas General Nondisturbance Agreement

State:
Multi-State
Control #:
US-OL20034B
Format:
Word; 
PDF
Instant download

Description

This office lease form states that in the event of a mortgage foreclosure, or termination of any interest which is superior to the lease, the lease shall continue as a lease between the landlord's successors as Lessor and the tenant as lessee with the same force and effect as the originally entered into the lease and the tenant shall be permitted to remain in undisturbed possession, use and occupancy of the premises, provided that the tenant is not in default under the lease after the giving of notice and the expiration of the applicable grace or cure period as provided in the lease.

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FAQ

SNDAs govern the relationship between a tenant and a lender in the event of a default by the landlord under its loan documents and a subsequent foreclosure by the lender.

Non-disturbance is a contractual agreement by the lender not to disturb tenant's possession of the property rented in the event of a foreclosure. A tenant should require a non-disturbance agreement from a lender in any situation in which the tenant is agreeing to subordinate the lease to the lien of the loan.

What is a Non-disturbance Agreement? A non-disturbance agreement, also known as an "adverse possession" agreement, is a contract between two parties that allows one party to use the property of another without being disturbed. This is usually done for residential properties.

A nondisturbance clause is a provision in a mortgage contract that ensures that a rental agreement between the tenant and the landlord will continue under any circumstances. This is done primarily to protect the renter from eviction by the mortgagor if the property is foreclosed upon by the lender.

The attornment clause requires tenants to acknowledge any new owner of the property as the landlord.

SDNA stands for Subordination Non-Disturbance and Attornment. It essentially guarantees that if the landlord defaults, neither the landlord nor the lender can cancel a tenant's lease.

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Arkansas General Nondisturbance Agreement