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.
Title: Understanding Oregon Nondisturbance and Attornment Agreement With Landlord Keywords: Oregon, Nondisturbance and Attornment Agreement, Landlord, Tenant, Lease, Commercial Property, Real Estate, Protections, Subordination Agreement Introduction: When entering into a lease agreement, tenants may encounter a clause called the Oregon Nondisturbance and Attornment Agreement with the landlord. This important legal document safeguards the tenant's rights and provides security for ongoing commercial operations. In this article, we will explore the purpose, significance, and different types of Oregon Nondisturbance and Attornment Agreements. What is an Oregon Nondisturbance and Attornment Agreement with Landlord? An Oregon Nondisturbance and Attornment Agreement with the landlord or NCAA is a contractual agreement that typically arises during commercial lease transactions. It covers the tenant, landlord, and any mortgagee, allowing the tenant to remain on the premises even if the property undergoes foreclosure. Purpose and Significance: 1. Tenant Protections: The NCAA shields tenants from abrupt eviction in case of foreclosure or transfer of property ownership, ensuring continuity of business operations. 2. Lender Security: Mortgagees, or lenders, receive assurance that the tenant will continue to pay rent and fulfill existing lease obligations under new property ownership, bolstering the property's desirability to potential lenders. 3. Lease Integrity: The agreement maintains the lease's validity irrespective of any change in the property's ownership, preventing any third party from interfering with the tenant's rights. Types of Oregon Nondisturbance and Attornment Agreements: 1. Basic NCAA: This is a standard agreement where the tenant attorns to a new landlord or mortgagee upon foreclosure, recognizing them as the new owner and continuing the lease under its original terms. 2. Subordinated NCAA: This agreement is utilized when a tenant's lease conflicts with an existing mortgage. The tenant voluntarily subordinates their lease to the lender's lien, ensuring that the mortgage takes priority over the lease. 3. Marital Property NCAA: This type of NCAA is required when a tenant's spouse holds an interest in the property. It protects the tenant's rights in the event of divorce or transfer of property ownership between spouses. Conclusion: Oregon Nondisturbance and Attornment Agreements provide tenants with vital protections in commercial lease agreements. By ensuring continuity of business operations in the face of foreclosure or change of property ownership, these agreements strike a balance between tenant rights and lender security. It is crucial for both tenants and landlords to understand the significance of NCAA and include appropriate clauses in their lease contracts to avoid potential disruptions and preserve the integrity of the lease.
