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.
Houston, Texas Nondisturbance and Attornment Agreement with Landlord: A Comprehensive Overview A Houston, Texas Nondisturbance and Attornment Agreement with a landlord is a legally binding document that outlines the terms and conditions regarding the rights and obligations of a tenant in the event of a change in ownership or mortgage on the leased property. It is an essential safeguard for tenants to ensure their lease remains unaffected even if the property is sold, foreclosed upon, or undergoes any substantial changes. Keywords: Houston, Texas; Nondisturbance and Attornment Agreement; Landlord; tenant; lease; change in ownership; mortgage; property. Types of Houston, Texas Nondisturbance and Attornment Agreements with Landlord: 1. Standard Nondisturbance and Attornment Agreement: This is the most common type of agreement used in Houston, Texas, wherein the tenant, landlord, and new property owner or mortgagee agree to honor the existing lease and allow the tenant to continue occupying the premises without any disturbance. This agreement protects the tenant's rights in case of any change in ownership or mortgage. 2. Lender's Nondisturbance and Attornment Agreement: In some cases, when a landlord has pledged the leased property to secure a loan, the lender may require the tenant to sign a separate Nondisturbance and Attornment Agreement. This type of agreement ensures that in the event of foreclosure, the tenant's rights to the leased property are recognized by the new owner (usually the lender or the highest bidder at the foreclosure sale), and the lease remains intact. 3. Subordination, Nondisturbance, and Attornment Agreement (SODA): SODA is a comprehensive agreement that combines subordination, nondisturbance, and attornment clauses. Overlapping with the standard Nondisturbance and Attornment Agreement, the subordination clause ensures that the tenant's lease is subordinate to any future mortgages or deeds of trust. The nondisturbance clause guarantees the tenant's rights in case of foreclosure, and the attornment clause establishes the tenant's obligation to recognize and cooperate with a new owner or mortgagee. 4. Estoppel Certificate: While not strictly a Nondisturbance and Attornment Agreement, an estoppel certificate is often used in conjunction with the agreement. It is a document provided by the tenant at the landlord's or new owner's request, certifying the tenant's understanding of the lease terms, the payment history, and any other relevant information. It is commonly required during property sales or refinancing transactions. In conclusion, a Houston, Texas Nondisturbance and Attornment Agreement with a landlord is a crucial legal document that protects a tenant's rights and lease obligations in the event of changes in ownership or mortgage on the leased property. Tenants are encouraged to thoroughly review and understand the agreement to ensure their lease remains intact and their occupancy undisturbed.
