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What is a Nondisturbance clause?

Non-disturbance is a contractual agreement by the lender not to disturb tenants possession of the property rented in the event of a foreclosure. A tenant should require a non-disturbance agreement from a lender in any situation in which the tenant is agreeing to subordinate the lease to the lien of the loan.

What is the purpose of an SNDA agreement?

An SNDA is an agreement entered into between a tenant and the lender of the landlord (and, ideally, the landlord) to establish the relationship between the tenant and lender (who would not otherwise have a direct relationship) and provide relative priorities between them.

What is a subordination and non-disturbance agreement?

The subordination clause gives the third-party lender the option to terminate the lease in the event of commercial foreclosure. A non-disturbance clause or agreement provides the tenant the right to continue occupying the leased premises as long as they do not default.

Why do lenders require SNDAs?

Lenders benefit from SNDAs because this gives the mortgage priority over individual leases. They can transfer ownership of the property from one hand to the other without fearing the tenants will abandon their leases.