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 Hawaii Nondisturbance Provision, also known as the Tenant-Friendly Nondisturbance Provision, is a legal provision included in lease agreements that aims to protect the rights of tenants in the state of Hawaii. It ensures that tenants will not be unnecessarily disturbed or displaced in case of certain events, such as mortgage foreclosures, property sales, or landlord default scenarios. This provision is in place to provide security and stability for tenants, ensuring that they can maintain their occupancy and lease terms even in challenging circumstances. There are several types of Hawaii Nondisturbance Provisions that tenants should be aware of: 1. Foreclosure Nondisturbance Provision: This type of provision protects tenants from being evicted due to property foreclosure. If the landlord defaults on their mortgage, the tenant is entitled to remain in the property until the lease agreement expires or until a certain duration specified in the provision. 2. Sale Nondisturbance Provision: This provision safeguards tenants from being forced to vacate the property in case of a property sale. Even if the property changes ownership, the tenant's lease terms and rights stay intact, ensuring continuity of occupancy. 3. Landlord Default Nondisturbance Provision: In the event of landlord default, such as bankruptcy or financial insolvency, this provision ensures that tenants can continue to occupy the premises without interference or disruption. It protects the tenant's rights and prevents any unnecessary displacement. These tenant-friendly provisions are crucial for maintaining stability and peace of mind for tenants, particularly in an unpredictable real estate market or during trying economic times. They offer additional protection against unforeseen circumstances that could potentially disrupt a tenant's living situation. When considering a lease agreement, it is important for tenants to carefully review and understand the specific details of the Hawaii Nondisturbance Provision. Consulting with a legal professional specializing in tenant rights is advisable to ensure full comprehension of the provision's implications and how it pertains to their individual circumstances.
