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.
Georgia Non-Disturbance Provision, Tenant-Friendly: A Detailed Description In the world of commercial leasing, it is crucial for tenants to protect their rights and ensure their businesses are not disrupted in the event of various changes, such as foreclosure or sale of the property they occupy. This is where the Georgia Non-Disturbance Provision, a tenant-friendly clause, comes into play. It offers tenants a sense of security by ensuring they can continue their operations undisturbed, even when unforeseen circumstances arise. Under the Georgia Non-Disturbance Provision, landlords are required to include a clause in leases that protects tenants in the event of foreclosure or other changes in property ownership. This provision is particularly beneficial for tenants, as it shields them from being involuntarily ousted or having their leases terminated, enabling them to continue conducting business as usual. The Georgia Non-Disturbance Provision has several key components that make it tenant-friendly. First and foremost, it grants tenants the right to "nondisturbance" in the event of foreclosure. This means that if the property they lease is foreclosed upon, the new owner must honor the existing lease terms and conditions, including rent amount and duration. Additionally, the provision specifies that the tenant's rights are superior to the rights of any mortgage lender or the foreclosing party. This ensures that the tenant's lease is not subordinate to any future mortgage agreements or foreclosure actions. It effectively shields tenants from being overlooked or forcibly removed from the premises due to changes in property ownership. Furthermore, the Georgia Non-Disturbance Provision often includes a "tenant attornment" clause. This clause obligates the tenant to recognize the new property owner as their landlord and to continue paying rent and adhering to all lease obligations, even after a change in ownership. This helps maintain a seamless transition for both the tenant and the new property owner, allowing business operations to continue uninterrupted. It is important to note that within the Georgia Non-Disturbance Provision, there may be variations or additional clauses tailored to specific types of tenants. For instance, the provision may address the needs and concerns of multinational corporations, small businesses, or subtenants. These variations may include tailored remedies, dispute resolution methods, or additional protections against lease termination in case of foreclosure. In summary, the Georgia Non-Disturbance Provision is a tenant-friendly clause that safeguards tenants' rights during foreclosure or changes in property ownership. By ensuring the continuity of their lease terms, tenants can maintain their business operations undisturbed. This provision offers valuable protection, effectively shielding tenants from being removed involuntarily and providing them peace of mind in the constantly evolving world of commercial leasing.
