Montana Nondisturbance and Attornment Agreement With Landlord

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

What is a Non-disturbance Agreement? A non-disturbance agreement, also known as an "adverse possession" agreement, is a contract between two parties that allows one party to use the property of another without being disturbed. This is usually done for residential properties.

SDNA stands for Subordination Non-Disturbance and Attornment. It essentially guarantees that if the landlord defaults, neither the landlord nor the lender can cancel a tenant's lease.

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.

§ 70-24-422(1) (2021).) Three-Day Notice to Pay Rent: A Montana landlord cannot evict a tenant for failure to pay rent unless the landlord has first given the tenant a three-day notice to pay rent.

(2) If the tenant does not sign and deliver to the landlord a written rental agreement that has already been signed by the landlord and delivered to the tenant, acceptance of possession of the premises and payment of rent without reservation by the tenant gives the rental agreement the same effect as if it had been ...

Non-disturbance is a contractual agreement by the lender not to disturb tenant's possession of the property rented in the event of a foreclosure. A tenant should require a non-disturbance agreement from a lender in any situation in which the tenant is agreeing to subordinate the lease to the lien of the loan.

The attornment clause requires tenants to acknowledge any new owner of the property as the landlord.

70-24-441. Termination by landlord or tenant. (1) The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least 7 days before the termination date specified in the notice.

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Montana Nondisturbance and Attornment Agreement With Landlord