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 New Jersey Nondisturbance Provision, also known as the Tenant-Friendly Nondisturbance Provision, is a legal provision designed to protect tenants' rights and interests in the event of various real estate transactions, such as lease assignments or property foreclosures. It ensures that tenants can continue operating their businesses or residing in a property without any significant disruption or eviction. This provision is especially important for commercial tenants who have invested significant time, money, and effort in establishing their businesses and rely on their physical locations to serve their customers or clients. Landlords may enter into various agreements or transactions that could potentially impact the tenant's rights, but the New Jersey Nondisturbance Provision provides added security to safeguard their interests. Under this provision, if a tenant has complied with the terms of their lease agreement, they are entitled to certain rights even if the property changes hands or if the landlord defaults on their obligations. These rights can include continued use and occupancy of the property, protection from eviction or lease termination, and the ability to enforce the lease against any successor landlords or owners. There are several types of Tenant-Friendly Nondisturbance Provisions in New Jersey, including: 1. Lease Assignment Nondisturbance Provision: This provision protects a tenant when their landlord assigns the lease to a third party. It ensures that the tenant's rights and lease terms remain intact, regardless of the change in ownership or management. 2. Foreclosure Nondisturbance Provision: In the case of foreclosure, this provision safeguards the tenant's rights by allowing them to remain in the premises and continue operating their business despite the change in ownership. It provides protection against eviction by the new property owner or lender. 3. Subordination and Nondisturbance Provision: This provision protects tenants if the property is subject to a mortgage or other liens. It ensures that the tenant's lease takes precedence over such liens, preventing any interference with the tenant's rights or eviction. In summary, the New Jersey Nondisturbance Provision — Tenant-Friendly, is a legal protection that grants commercial tenants the right to remain in their leased premises and maintain their business operations even in situations of lease assignment, property foreclosure, or subordination to liens. It aims to provide stability and security to tenants, allowing them to focus on their business without the fear of sudden eviction or loss of their lease rights.
