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.
Kansas Nondisturbance Provision — Tenant Friendly: A Comprehensive Overview Keywords: Kansas nondisturbance provision, tenant rights, commercial lease agreements, protection, foreclosure, subordination, recognition, tenant-friendly. Introduction: The Kansas nondisturbance provision serves to safeguard the rights of tenants in commercial lease agreements in the event of a foreclosure. It offers tenants protection against potential displacement during an ownership change, ensuring their lease rights are recognized and respected. This article provides a detailed description of the Kansas Nondisturbance Provision, highlighting its tenant-friendly aspects and potential variations. What is the Kansas Nondisturbance Provision? In commercial lease agreements, the Kansas nondisturbance provision is a clause that has become increasingly common to protect tenants' interests during a foreclosure. It aims to provide tenants with a sense of security and continuity, even if ownership of the leased property changes hands. Tenant-Friendly Features: 1. Right to Occupancy: The Kansas non-disturbance provision guarantees the tenant's right to continue occupying the premises despite any changes in property ownership or foreclosure proceedings. 2. Lease Recognition: The provision ensures that the tenant's existing lease terms, covenants, and obligations remain intact and enforceable under the new property owner. This means that the tenant's rights and obligations stipulated in the lease will not be affected by the foreclosure or change of ownership. 3. Subordination Agreements: In some cases, the tenant-friendly Kansas nondisturbance provisions may require the property owner to obtain a subordination agreement from the lender. This agreement ensures that the tenant's rights take priority over the lender's interest in the property, providing further protection for the tenant. Types of Kansas Nondisturbance Provisions: 1. Basic Nondisturbance Provision: This type of provision guarantees the tenant the right to occupy the premises during foreclosure but may not go into further details about specific protections or obligations. 2. Enhanced Nondisturbance Provision: This provision includes additional tenant-friendly measures, such as requiring the property owner to obtain subordination agreements, ensuring the tenant's rights take precedence over the lender's interest. 3. Customized Nondisturbance Provision: Some commercial lease agreements allow for further customization of the Kansas nondisturbance provision. Tenant and landlord can negotiate specific terms to ensure additional protection or obligations based on their unique needs and requirements. Conclusion: The Kansas Nondisturbance Provision is a crucial element for tenants, offering protection and peace of mind during a foreclosure or change of property ownership. By ensuring the tenant's lease rights are recognized, upheld, and possibly even prioritized over lender interests, this tenant-friendly provision provides a robust legal framework to maintain business continuity and stability for commercial tenants in Kansas.
