If you look at the rental agreement for your apartment or a room you rent for your business, you may come across a sentence that says, “Leasing subordinated to any mortgage” or something very similar. This does not mean that you have to pay the bank. or even talk to them. This only means that the bank, which makes the right of the mortgage loan on the property, prevails over yours. To understand what all this means, you also need to understand how real estate ownership works. Subordination clauses such as those in your lease agreement protect the interests of the bank. If you sign them, you agree that your rights to the property will be transferred under the rights of the bank. This way, if the landlord doesn`t pay the mortgage, the lender can remove it without talking to you or asking your permission. Non-disruption, as the name suggests, does not disrupt the lender`s promise, the tenant`s right to occupy the premises in the event of a mortgage lockout. In many states, including Ohio, the enforcement of the mortgage automatically terminates the lease unless the lease is greater or the mortgage holder has expressly agreed that the lease will survive. Non-disruption agreements are usually combined with the tenant`s confirmation of its subordination and provision obligations in an SNDA.
The scope of non-disturbance protection will vary, which I hope will be discussed in a future article. Obligations of the tenant with regard to the transfer of rights in the premises. When a mortgage is seized on the site and the owner is deprived of ownership, this clause retains the rights of the new owner as lessor in the rental agreement. It also requires the tenant to recognize all new owners as the owner defined in the rental agreement. This prevents any early attempt to terminate the lease following a change of ownership. This clause aims to guarantee the durability of the lease. In itself, this clause can be problematic for your rights as a tenant. If the lease contains this clause, it could give the lender the right to distribute you before the end of your lease.