This office lease form shall be subject and subordinate to all present and future ground leases, overriding leases or underlying leases and/or grants of term of the Land and/or the building or the portion thereof in which the Demised Premises are located. This Section shall be self-operative and no further instrument of subordination shall be required. This form also states that the landlord and the tenant agree to share equally all costs incurred in connection with obtaining any Non-disturbance Agreement from the existing superior lessors or superior mortgagees.
The Florida Nondisturbance Provision, also known as Tenant-Friendly Nondisturbance Provision, is a legal clause that offers protection to tenants in lease agreements. This provision is designed to ensure the continuity of a tenant's occupancy and rights in the event of a foreclosure or transfer of property ownership. It aims to maintain the tenant's rights to the premises and minimize any disruptions caused by changes in ownership. In Florida, there are several types of Tenant-Friendly Nondisturbance Provisions that can be included in lease agreements: 1. Standard Nondisturbance Provision: This provision ensures that the tenant's lease agreement will be recognized and honored by any new owner, including in the event of foreclosure. It prevents the tenant from being evicted or having their lease terminated due to a change in property ownership. 2. Priority Nondisturbance Provision: This type of provision provides the tenant with an additional layer of protection by granting them priority over any existing or future mortgages or liens on the property. It gives the tenant precedence over other parties in terms of their right to occupy the premises. 3. Subordination Nondisturbance Provision: This provision is often requested by landlords or lenders. It states that the tenant's rights are subordinate to any existing or future mortgages or liens on the property. While this provision may not be tenant-friendly, it still offers some level of protection, as the tenant's occupancy rights will not be automatically terminated in the event of foreclosure or transfer of ownership. 4. Extended Nondisturbance Provision: This provision extends the protection provided to the tenant beyond just foreclosure or transfer of property ownership. It may cover other situations such as bankruptcy or insolvency of the landlord, ensuring the tenant's rights are safeguarded in a wider range of scenarios. 5. Limitations and Exceptions: It's important to note that while the Florida Nondisturbance Provision offers tenant-friendly protections, there may be certain limitations and exceptions mentioned within the lease agreement. These limitations could include circumstances in which the provision may not apply, such as if the tenant is in default of their lease obligations or if the tenant's lease is renewable on a month-to-month basis. In conclusion, the Florida Nondisturbance Provision — Tenant Friendly is a crucial element in lease agreements that aims to protect tenants from the uncertainties and disruptions that can arise from changes in property ownership. Understanding the different types and variations of this provision can help both tenants and landlords negotiate leases that provide adequate safeguards for all parties involved.
