Non Disturbance Agreement Template for Netherlands

The Non-Disturbance Agreement is essential in Dutch commercial real estate transactions where a property is both mortgaged and leased. It becomes relevant when a landlord seeks financing while having existing tenants or when new tenants require assurance about their continued occupancy rights. The agreement protects tenants from eviction in case of landlord default, while also providing lenders with certainty about the property's occupancy status. Under Dutch law, this document must address specific requirements of the Burgerlijk Wetboek regarding property rights, security interests, and lease agreements. The agreement typically includes details about the property, existing lease arrangements, and the mortgage, while establishing clear procedures for various scenarios including landlord default or property transfer.

1. Parties: Identification of all parties: Lender, Landlord, and Tenant, including full legal names and addresses

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

3. Definitions: Definitions of key terms used throughout the agreement, including Property, Lease, Mortgage, etc.

4. Non-Disturbance Covenant: Core provision where lender agrees not to terminate or disturb tenant's possession upon landlord default or foreclosure

5. Recognition of Lease: Lender's acknowledgment of the lease and agreement to honor its terms

6. Attornment: Tenant's agreement to recognize lender as successor landlord in case of foreclosure

7. Tenant Obligations: Confirmation of tenant's duties including rent payment and lease compliance

8. Notice Requirements: Procedures for serving notices between all parties

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

10. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes

11. Execution: Signature blocks for all parties and notarial requirements under Dutch law