Lease Subordination Agreement - Rhode Island 2025

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What is Subordination? Subordination is putting something in a lower position or rank. Therefore, a subordination agreement puts the lease below the mortgage loan in priority. Mortgage lenders want the leases to be subordinate to the mortgage. That way, the mortgage loan is paid first if there is a foreclosure.
The lease will include a provision that requires the tenant to subordinate its lease to all existing and future loans. This gives the lender the option, after a foreclosure, to either recognize the lease or terminate it.
There must be a valid reason for evicting the tenant before foreclosure. In cases involving the foreclosure of the rental property AND a valid reason to evict a tenant, then the landlord must provide a 30-Days Notice to Quit.
Rhode Island does not have any statewide laws that limit or control how much a landlord can raise the rent on rental properties. Landlords have the right to raise rents to market rates when an existing lease term expires or for month-to-month tenants.
The Subordination of Lease clause establishes that the tenants lease is subordinate to the liens of any current or future mortgages on the property, giving the mortgage lenders rights priority over the tenants rights.
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Unless your lease has an SNDA, your lease will be canceled if the property is foreclosed upon. This leaves tenants in a dangerous and time-sensitive position where they have to find a new property in rental time, often without the security deposit paid to the original landlord.

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