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.
A Texas Nondisturbance Provision, also known as a Tenant Friendly Nondisturbance Provision, is a crucial clause commonly included in commercial lease agreements in Texas. This provision aims to protect the rights and interests of the tenant in the lease agreement, particularly in the event of any foreclosure or sale of the property. This detailed description will explore the key aspects of the Texas Nondisturbance Provision — Tenant Friendly, and discuss various types of these provisions. In a nutshell, the Texas Nondisturbance Provision — Tenant Friendly ensures that if the landlord defaults on their mortgage or the property is foreclosed upon, the tenant will not be immediately evicted or disturbed by the new owner or mortgagee. This provision assures that the tenant's lease will continue to be in effect, and they will be allowed to occupy and use the premises for the remainder of their lease term without any interference. Several types of Texas Nondisturbance Provisions — Tenant Friendly can exist, depending on the specific agreements between the tenant, landlord, and mortgagee. Here are a few common types: 1. Basic Nondisturbance Provision: This type of provision typically guarantees that the tenant's rights under the lease will not be affected by any foreclosure or sale of the property. It ensures that the tenant can remain in possession of the premises, undisturbed by the new owner or mortgagee. 2. Subordination and Nondisturbance Provision: This provision adds a layer of protection for the tenant by making their lease subordinate to the mortgage, meaning that the mortgage takes priority over the lease. However, the tenant still retains the right to continue their occupancy undisturbed, even in the case of foreclosure. 3. Non-Recourse Nondisturbance Provision: This type of provision limits the tenant's liability in the event of a foreclosure. It ensures that the tenant is not held financially responsible for the landlord's default on the mortgage. Therefore, even if the property is foreclosed upon, the tenant can continue their tenancy without facing any obligations towards the new owner or mortgagee. 4. Specific Use Nondisturbance Provision: This provision is tailored to protect tenants operating under specific-use leases, such as retail or commercial businesses. It ensures that regardless of any change in ownership or foreclosure, the tenant's specific-use rights remain intact, allowing them to continue their business operations on the premises. In summary, a Texas Nondisturbance Provision — Tenant Friendly is an indispensable element of commercial lease agreements. It safeguards the tenant's rights and ensures their continued occupancy without interruption, even if the property undergoes foreclosure or changes ownership. By understanding the various types of these provisions, tenants can effectively negotiate lease terms that suit their specific needs and protect their businesses.
