Subordination, Non-Disturbance and Attornment Agreement (Canada)

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This agreement is between a Tenant, a Landlord and a Landlord's Lender. The Tenant agrees that his/her interest in the premises are subordinate to Lender's interests. Lender promises that if there is a default by the Landlord on the mortgage, the Lender will honor the lease and not disturb Tenant, so long as Tenant is not in default.

This packet includes:
(1) Subordination, Non-Disturbance and Attornment Agreement Information
(2) Subordination, Non-Disturbance and Attornment Agreement

This form can be used in the following provinces and territories: Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, Northwest Territories, Nova Scotia, Nunavut, Ontario, Prince Edward Island, Saskatchewan and Yukon.

Among others, this form includes the following provisions:
• Subordination
• Lender's Exercise of Remedies
• Attornment and Non-Disturbance
• Lender's Right to Cure

Subordination, Non-Disturbance and Attornment Agreement (Canada)

Product Details

Product Subordination, Non-Disturbance and Attornment Agreement (Canada)
Country Canada
Pages 9
Dimensions Designed for Letter Size (8.5" x 11")
Printer compatibility Designed to print on all ink-jet and laser printers
Editable Yes (.doc, .wpd and .rtf)
Format Microsoft Word
Platform Windows Compatible
Mac Compatible
Linux Compatible
Availability In Stock. Instant Download
Usage Unlimited number of prints
Category Subordination and Surrender Agreements
Product number #28467
Download time Less than 1 minute (approx.)
Document Access Via secret online address
Email with download links
Email with attachment upon request
Refund Policy 60 days, no-questions asked, 100% money back guarantee

Frequently Asked Questions

This agreement is a legal document that establishes the relationship between a tenant, landlord, and lender, clarifying that the tenant's lease is subordinate to the lender's mortgage, while also ensuring the tenant's rights are protected in case of landlord default.

A tenant may need to sign this agreement to secure their rights to occupy the premises even if the landlord defaults on their mortgage. It provides assurance that the lender will honor the lease, provided the tenant is not in default.

If the landlord defaults, the lender is obligated to honor the lease agreement with the tenant, ensuring that the tenant can continue to occupy the premises without disturbance, as long as they are compliant with the lease terms.

Yes, the terms of the Subordination, Non-Disturbance and Attornment Agreement can be negotiated and modified by the parties involved, but all changes should be documented in writing and signed by all parties to ensure enforceability.

This agreement can be used in various provinces and territories across Canada, including Alberta, British Columbia, Manitoba, and others, but it is important to consult local laws to ensure compliance with regional regulations.

Is This Form Right For You?

Use This Form If:

  • Individuals who are entering into a lease agreement and want to ensure their rights are protected in the event of a landlord's default may find this form essential. It establishes a clear understanding of the relationship between the tenant, landlord, and lender, ensuring that the tenant's lease remains intact even if the landlord fails to meet mortgage obligations.
  • Situations requiring a tenant to secure their lease against potential lender actions can benefit from this agreement. By agreeing to subordinate their lease to the lender's interests, tenants can negotiate terms that protect their occupancy rights, provided they remain compliant with their lease terms.
  • For those involved in commercial real estate transactions, this form is crucial in clarifying the hierarchy of interests among the landlord, tenant, and lender. It helps to facilitate smoother transactions and provides assurance to all parties regarding their rights and responsibilities in case of default.
  • Landlords seeking to reassure their tenants about the stability of their lease agreements in the face of financing arrangements will find this document useful. It outlines the lender's commitment to honor the lease, which can be a significant factor in maintaining tenant confidence and occupancy.
  • In cases where a lender is considering financing a property with existing tenants, this agreement can be a key component. It ensures that the lender's rights are protected while also providing tenants with the security that their lease will not be disturbed if the landlord defaults.

Do Not Use If:

  • – This form is not appropriate for situations where the tenant is not in a lease agreement with the landlord. Without an existing lease, the terms of subordination and non-disturbance do not apply.
  • – If the landlord is not seeking financing or has no lender involved, this agreement may be unnecessary. In such cases, the relationship between the tenant and landlord can be managed through standard lease terms without additional complexity.
  • – In instances where the tenant is in default of their lease obligations, this agreement may not provide the intended protections. The lender's obligation to honor the lease is contingent upon the tenant being in compliance.
  • – This form should not be used in residential leases where local laws provide specific tenant protections that supersede the need for a subordination agreement. In such cases, standard tenant rights may already be sufficient.
  • – If the parties involved do not fully understand the implications of the agreement, it is advisable to seek legal counsel before proceeding. Misunderstandings can lead to disputes and unintended consequences.

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