A non-disturbance agreement is a legal document that is often used in commercial real estate transactions. It is an agreement between a tenant and a landlord, or a tenant and a lender, that protects the tenant`s rights in the event of a foreclosure or other eviction actions.

The agreement ensures that the tenant`s leasehold interests will not be terminated or disrupted by the new landlord or the lender in the event of a default by the original landlord or borrower. It also ensures that the tenant has the right to continue using the property without any disturbance from the new landlord or lender.

A non-disturbance agreement is a critical legal document for tenants, as it provides them with significant protection against eviction, interruption of services, and loss of their leasehold interests. In essence, it provides them with a sense of security and peace of mind, knowing that they will be allowed to continue using the property even if the ownership of the property changes hands.

The agreement typically includes a clause stating that the tenant must continue to pay rent, comply with the terms of the lease agreement, and maintain the property in a satisfactory condition. It also outlines the specific circumstances in which the non-disturbance agreement may be terminated, such as the tenant`s breach of the lease agreement or failure to pay rent.

It is important to note that a non-disturbance agreement is not automatically granted to a tenant. It must be negotiated and included in the lease agreement or loan documents before the transaction is completed.

In conclusion, a non-disturbance agreement is a critical legal document that provides tenants with significant protection from eviction and interruption of services. It is essential for tenants to negotiate and include this agreement in their lease or loan documents to ensure their leasehold interests are secured and protected in the event of unforeseen circumstances.