from Wiktionary, Creative Commons Attribution/Share-Alike License.
- noun law An agreement not to
disturb tenantsin a residence.
from Wiktionary, Creative Commons Attribution/Share-Alike License
Known as a "nondisturbance" clause, this counterpart to a subordination clause provides that as long as the tenant is in good standing (the rent is paid and the tenant is otherwise abiding by the lease terms), the subordination clause will not kick in.
Most landlord-drafted leases include only the subordination clause, naturally, and a few include an attornment clause, but none include the pro-tenant nondisturbance clause.
The lawyers partner the subordination clause with a nondisturbance clause, which provides that as long as the tenant is not in breach of the lease, the new owner will not oust him.
Goss said commercial tenants often request nondisturbance agreements from office, retail and industrial landlords to protect them from being displaced if the property goes into foreclosure.
In a commercial setting, where tenants are often represented by brokers and lawyers, tenants often successfully negotiate for a nondisturbance clause when presented with a subordination clause.