Arizona Nondisturbance and Attornment Agreement With Landlord

State:
Multi-State
Control #:
US-OL30042CB
Format:
Word; 
PDF
Instant download

Description

This office lease form states that the landlord has entered into a certain agreement of lease with the tenant as sublessor. The tenant, as sublessor, has entered into a certain sublease agreement with the sublessee. In the event of termination of the lease, the sublessee agrees to attorn to and accept the landlord as its direct landlord under the lease for the balance then remaining of the term of the Lease, and the sublessee shall assume all of the terms and conditions of the Lease, except that sublessee shall have no liability for any defaults of Tenant prior to the date of attornment.

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FAQ

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.

Both federal and Arizona law prohibits landlords from refusing to rent to an individual because of his or her race, color, religion, gender, familial status, disability, or national origin.? If you have been denied a rental and you believe it may be for one or more of these reasons, you may have legal recourse.

The primary effect of an SNDA is that the tenant agrees to subordinate its lease to the mortgage in exchange for the lender agreeing not to disturb the tenant if the lender forecloses its superior security interest in the real property.

On occasion a lease will state that it automatically renews unless either party gives notice otherwise. More frequently, a 30-day or 60-day notice must be provided by one party to the other.

For month-to-month leases, Arizona rental owners must give at least a 30-day notice prior to making any substantial change to the lease agreement, including raising rent. For longer leases, landlords cannot make changes until the lease ends and the new tenancy begins unless otherwise specified.

MONTH-TO-MONTH RENTAL AGREEMENTS If no time frame is established in the rental agreement, the agreement becomes a month-to-month agreement. A.R.S. § 33-1314(D). To terminate a month-to-month rental agreement, a landlord or a tenant must give 30 days notice in writing before the next rent payment would normally be due.

Answer: As a general rule, the answer is yes. Under the Arizona Residential Landlord and Tenant Act, a verbal rental agreement concerning the use and occupancy of a dwelling unit is just as enforceable as a written rental agreement (or lease) is (A.R.S. 33-1310(13)).

A residential month-to-month tenancy in Arizona may be terminated by either party providing the other party with a written notice at least thirty days before the end of the next ?periodic term? and tenancy must terminate at the end of a ?periodic term.? (See A.R.S. Section 33-1375.

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Arizona Nondisturbance and Attornment Agreement With Landlord