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 the South Carolina Nondisturbance and Attornment Agreement With Landlord Introduction: A South Carolina Nondisturbance and Attornment Agreement (NASA) with a landlord is a legally binding document designed to protect tenants' rights in the event of a change in land lordship or the transfer of ownership of a property. It ensures that tenants will not be disturbed in their leasehold rights even if the property undergoes foreclosure, sale, or change of ownership. In this article, we will delve into the details of the South Carolina Nondisturbance and Attornment Agreement, its types, and its significance. Types of South Carolina Nondisturbance and Attornment Agreement: 1. NASA in General Terms: This agreement establishes the understanding between a tenant and their landlord's lender (typically a mortgagee or lending institution) that the tenant's leasehold rights will not be disturbed, regardless of any future changes related to the property's ownership or mortgage. 2. SODA Agreement: Subordination, Non-Disturbance, and Attornment Agreement (SODA) is another common type. It includes additional provisions that subordinates the tenant's rights to the mortgagee's rights, clarifies that the tenant must attorn to the new owner, and ensures that, in case of default by the landlord, the tenant's rights remain intact. Key Elements and Provisions of a South Carolina Nondisturbance and Attornment Agreement: 1. Protection of Tenant's Rights: The agreement confirms that the tenant's leasehold rights will be preserved, regardless of any change in the property's ownership or the landlord's financial situation. 2. Non-Disturbance Clause: The agreement guarantees that the tenant will not face eviction or other disturbances due to the change of property ownership or foreclosure proceedings against the landlord. 3. Attornment Clause: The attornment clause requires the tenant to recognize and accept a new landlord or the lender as the landlord, ensuring a seamless continuation of the lease terms. 4. Subordination Clause (SODA Agreement): In SODA agreements, the subordination clause establishes that the tenant's leasehold rights are subject to the rights of the mortgagee/lender. This means that in the event of foreclosure, the mortgagee's rights take precedence over the tenant's rights. 5. Notice Provisions: The agreement may outline the obligations of the tenant and the landlord in providing timely notice of any change in ownership, address, or contact details to ensure effective communication. 6. Tenant's Financial Obligations: The agreement may specify that the tenant must make rental payments directly to the new owner or lender after notification of any change in ownership or mortgage. Conclusion: A South Carolina Nondisturbance and Attornment Agreement with a landlord is an essential contractual document that protects tenants' rights in situations where property ownership changes hands or foreclosure occurs. By ensuring the preservation of leasehold rights, tenants can have peace of mind and continue their occupancy undisturbed. Understanding the types and elements of this agreement is crucial for both tenants and landlords to navigate property transitions smoothly and fairly.
