TRANSFER & SECURITY · HIGH REVIEW PRIORITY
Subordination, non-disturbance and attornment
Determines priority relative to mortgages and other interests, whether occupancy is protected after enforcement, and the tenant’s duty to recognize a successor landlord.
This is not model language.
The actual meaning depends on the complete lease, amendments, facts and governing law. Use the prompts below to extract and brief the issue; do not paste this page into a lease as a substitute for drafting and legal review.
Questions to answer before the legal call
- Is non-disturbance automatic or dependent on a future lender form?
- When must an agreement be delivered?
- What obligations survive and which landlord defaults bind a successor?
What to capture from the document
Priority
Record automatic/future subordination and existing mortgage treatment.
Non-disturbance
Capture conditions, lender form, delivery timing and tenant eligibility.
Attornment/successor rules
Record recognition, cure rights, liability limits and prepaid rent treatment.
Patterns that deserve a closer read
- Tenant subordination before receiving any non-disturbance commitment
- A future lender form that can materially amend the lease
- Successor liability exclusions that erase accrued landlord obligations
A focused instruction for legal review
Review title and financing context, then define the actual agreement, form, deadline and substantive non-disturbance protection required for the transaction.