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Why are Lease Subordination Clauses Used?

March 12, 2024 (1 min read)

Mortgage lenders typically require leasehold interests to be subordinate to the lender’s interests. Consequently, commercial property landlords want tenants to agree to a subordination clause so that the lease is subordinate to any existing or future mortgages on the property. In exchange for subordination, commercial tenants want a non-disturbance agreement from lenders, which is contained in a subordination, non-disturbance, and attornment agreement (commonly referred to as an “SNDA”). Likewise, if the property is subject to a ground lease, the ground lessor typically requires existing leases to be subordinate to the ground lease. Use this conditional subordination clause to subordinate the landlord’s existing or future mortgages or ground leases.

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