Legal Topics

A Common Mistake Can Cost You Your Lease

Tenants should obtain a non-disturbance and attornment agreement from the project's lender. This protects lease rights if foreclosure occurs.

Without such an agreement, a lender foreclosing can terminate existing leases because the mortgage predates the lease.

Key Takeaway

Always require the landlord to deliver a non-disturbance and attornment agreement, regardless of the type of commercial space.

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