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Attornment And Non Disturbance Agreement

Attornment And Non Disturbance Agreement Template for Canada

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Key Requirements PROMPT example:

Attornment And Non Disturbance Agreement

"I need an Attornment and Non-Disturbance Agreement for a multi-tenant retail property in Toronto, where our bank is refinancing the property in March 2025; the agreement needs to accommodate five existing retail tenants and include specific provisions for their unique operating requirements."

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Document background
The Attornment And Non-Disturbance Agreement (SNDA) is a crucial document in Canadian commercial real estate transactions where a property is both mortgaged and leased. It becomes necessary when a landlord has obtained or is obtaining financing secured against a property that is (or will be) subject to one or more commercial leases. The agreement serves three main purposes: it subordinates the tenant's interest to the lender's mortgage, ensures the tenant can remain in possession despite a landlord default, and establishes the tenant's obligation to recognize the lender as landlord in case of foreclosure. This agreement is particularly important in Canadian jurisdictions where commercial property rights and obligations are governed by both federal and provincial laws, requiring careful consideration of various legislative frameworks including provincial property law, federal bankruptcy law, and commercial tenancy regulations.
Suggested Sections

1. Parties: Identifies the three main parties: Lender, Landlord, and Tenant, including their full legal names and addresses

2. Background: Recitals explaining the existing lease, mortgage, and the purpose of the agreement

3. Definitions: Defines key terms including Lease, Mortgage, Property, and other relevant terms used throughout the agreement

4. Non-Disturbance: Lender's covenant not to disturb tenant's possession when exercising its rights under the mortgage

5. Attornment: Tenant's agreement to recognize the lender as landlord in the event of foreclosure

6. Subordination: Establishes the priority of the mortgage over the lease, if applicable

7. Tenant Obligations: Confirms tenant's obligations to pay rent and perform lease obligations

8. Notice Requirements: Procedures for giving notice between parties

9. Term and Termination: Duration of the agreement and circumstances for termination

10. General Provisions: Standard clauses including governing law, amendment process, and severability

Optional Sections

1. Multiple Tenant Provisions: Required when the property has multiple tenants and their relationships need to be addressed

2. Property Management: Include when there's a separate property manager who needs specific rights or obligations

3. Insurance Requirements: Additional insurance obligations beyond those in the lease

4. Future Advances: Required when the mortgage allows for future advances that would maintain priority

5. Estoppel Provisions: Statements confirming the status of the lease and any defaults

6. Assignment and Subletting: Additional provisions regarding tenant's right to assign or sublease

7. Lender's Rights to Cure: Specific provisions about lender's rights to cure landlord defaults

Suggested Schedules

1. Schedule A - Property Description: Legal description of the property

2. Schedule B - Lease Details: Summary of key lease terms, dates, and amendments

3. Schedule C - Mortgage Particulars: Details of the mortgage including registration information

4. Schedule D - Permitted Encumbrances: List of permitted encumbrances affecting the property

5. Schedule E - Rent Roll: Current rent and other payments under the lease

6. Appendix 1 - Notice Addresses: Detailed contact information for notices to all parties

7. Appendix 2 - Special Conditions: Any special conditions or modifications to standard terms

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions































Clauses





























Relevant Industries

Real Estate

Banking & Financial Services

Commercial Property

Retail

Office Space

Industrial & Manufacturing

Healthcare

Hospitality & Tourism

Professional Services

Technology

Relevant Teams

Legal

Real Estate

Commercial Lending

Risk Management

Property Management

Asset Management

Leasing

Commercial Operations

Investment

Compliance

Relevant Roles

Real Estate Lawyer

Commercial Property Manager

Legal Counsel

Real Estate Director

Leasing Manager

Commercial Lending Officer

Risk Manager

Commercial Real Estate Broker

Property Development Manager

Asset Manager

Tenant Relations Manager

Commercial Property Analyst

Real Estate Investment Manager

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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