Alex Denne
Growth @ Genie AI | Introduction to Contracts @ UCL Faculty of Laws | Serial Founder

Drafting Your Own Non-Disturbance Agreement

9 Jun 2023
26 min
Text Link

Note: Links to our free templates are at the bottom of this long guide.
Also note: This is not legal advice

Introduction

Non-disturbance agreements (NDAs) can be an extremely powerful tool in helping to protect landlords, tenants and businesses from potentially damaging disturbances. An NDA is a legally binding agreement between the two parties that outlines the rights, obligations and remedies they each have, should one party fail to comply with the agreed upon terms.

When creating an NDA it is essential that both sides take the time to ensure that it is comprehensive and tailored for their specific situation – this way all parties are adequately protected. There are four main benefits of having an NDA:

First and foremost, NDAs provide protection from disturbances as they clearly define each party’s responsibilities. This is especially useful if the tenant has been entrusted with maintaining a property; by outlining exactly what those expectations are, both landlord and tenant can feel secure in their respective positions.

Second, NDAs help to confirm ownership rights for both sides allowing clarity on who owns which parts of a property or business. This makes sure all parties involved know where they stand and that no one is trying to use something without permission from another party involved.

Thirdly, by providing stability through setting out clear terms within its legal framework – NDAs make sure all parties know what will happen if there’s ever any form of breach of contract – thus avoiding potential disputes down the line.

Finally, this legal agreement encourages cooperative behavior between both sides as it’s made clear what can be expected of each other in order to keep things running smoothly between them. With these protections in place it also prevents disagreements arising before they start as well as giving more confidence when engaging with someone new due to its written nature.

In summary then, non-disturbance agreements carry many benefits for landlords, tenants and businesses alike – protecting them from disturbances through confirming safety requirements as well as outlining ownership rights while also providing stability should there be any disputes further down the line - encouraging collaboration between those involved due to its very presence alone being enough for peace of mind

For more information on how drafting your own non-disturbance agreement works then please read on below for Genie AI’s step-by-step guidance or check out our free template library today - No Genie AI account required!

Definitions

Non-Disturbance Agreement (NDA): A legally binding contract between a landlord, tenant, mortgagee, and mortgagor designed to protect the tenant from being evicted or disturbed in the event that the landlord defaults on their mortgage payments or otherwise fails to fulfill their obligations under the lease agreement.

Mortgagee: The lender in a mortgage agreement who has the legal right to foreclose on the mortgaged property if the mortgagor fails to make the payments.

Mortgagor: The borrower in a mortgage agreement who is legally obligated to make payments to the mortgagee.

Lease: A legal contract between a landlord and a tenant that outlines the terms and conditions of the tenant’s occupancy of the landlord’s property.

Governing Law: The legal system or set of laws that is used to interpret and enforce a contract.

Contents

  1. What is a Non-Disturbance Agreement?
  2. Why Should You Have a Non-Disturbance Agreement?
  3. Who Should Draft a Non-Disturbance Agreement?
  4. What Should be Included in a Non-Disturbance Agreement?
  5. Definition of the parties involved
  6. Definition of the lease
  7. Definition of the mortgagor
  8. Definition of the mortgagee
  9. Definition of the landlord
  10. Definition of the tenant
  11. The obligations of the parties
  12. The rights of the parties
  13. The duration of the agreement
  14. The governing law
  15. The consequences of breach
  16. How to Draft a Non-Disturbance Agreement
  17. Gather the necessary information
  18. Review the relevant laws and regulations
  19. Outline the terms of the agreement
  20. Have the agreement reviewed by a legal professional
  21. Finalize the agreement
  22. Where to Find Sample Non-Disturbance Agreement Templates
  23. How to Execute a Non-Disturbance Agreement
  24. Sign the agreement
  25. Have the agreement notarized
  26. File the agreement with the relevant authorities
  27. How to Enforce a Non-Disturbance Agreement
  28. Identify the applicable laws
  29. Notify the other parties of the breach
  30. Take legal action if necessary
  31. Common Mistakes to Avoid When Drafting a Non-Disturbance Agreement
  32. Final Thoughts on Non-Disturbance Agreements

Get started

What is a Non-Disturbance Agreement?

  • A Non-Disturbance Agreement (NDA) is a legally binding contract between two parties that outlines the rights and responsibilities of each party in the event of a change in tenancy
  • It is important to ensure that all parties understand the terms of the agreement and the effect of the agreement
  • An NDA is a form of protection for tenants and landlords, as it ensures that tenants can remain in the property for the duration of the tenancy and landlords can be assured that the tenant will abide by the terms of the agreement
  • In some cases, an NDA may also protect tenants from eviction if their landlord sells the property or enters into a new tenancy agreement
  • To ensure that your NDA is legally binding, you should have it reviewed by a lawyer or legal professional

You will know you can check this step off your list and move on to the next step when you have a thorough understanding of what a Non-Disturbance Agreement is, and have taken the appropriate steps to have it legally reviewed.

Why Should You Have a Non-Disturbance Agreement?

  • A Non-Disturbance Agreement (NDA) is an important legal document that allows a tenant to stay in the leased premises if the lessor’s interest in the property is transferred to another party.
  • It is a contract between the lessor and the tenant that states that if the lessor’s interest in the property is transferred, the new owner will not disturb the tenant’s possession or use of the leased premises.
  • The NDA also ensures that the tenant is not held liable for any of the lessor’s debts or liabilities.
  • An NDA is also beneficial for the new owner, as it allows them to acquire the property without any legal entanglements with the tenant.

You will know that you have completed this step when you have a better understanding of why a Non-Disturbance Agreement is important and the benefits it provides to both the tenant and the new owner.

Who Should Draft a Non-Disturbance Agreement?

  • Generally, the tenant should draft the Non-Disturbance Agreement.
  • The tenant should make sure to include the terms and conditions agreed upon by the tenant and the landlord.
  • The tenant should also include language that specifies that the tenant will be allowed to remain in the property even if the landlord’s interest in the property is transferred or sold to a third party.
  • The tenant should also make sure to get the agreement signed by both parties.
  • Once the tenant has drafted the agreement and both parties have signed it, the tenant can move on to the next step.

What Should be Included in a Non-Disturbance Agreement?

  • Include the full legal name of each party involved in the agreement.
  • Clearly identify the tenant and landlord or other interested parties.
  • Include the address of the property which is subject to the agreement.
  • Specify the rights and responsibilities of each party in the agreement.
  • Include the duration of the agreement and the date of signing.
  • Include a provision for automatic renewal at the end of the agreement.
  • Include a clause that states that the agreement is binding on all current and future landlords.
  • Outline any financial considerations, such as the amount of rent to be paid.
  • Include a clause that specifies how disputes will be resolved.
  • Specify the remedies available to each party in the event of a breach of the agreement.

Once you have included all the necessary information in the non-disturbance agreement, you can check this step off your list and move on to the next step.

Definition of the parties involved

  • Identify the parties involved in the agreement.
  • Make sure to include all relevant tenants, landlords, and subtenants.
  • Specify the roles and obligations of each party.
  • Record the contact information for each party involved.

Once you have identified the parties involved in the agreement, recorded their contact information and specified their roles and obligations, you can check this off your list and move on to the next step.

Definition of the lease

  • Read the lease carefully and make sure you understand its terms and conditions.
  • Identify the primary lease terms, including the start and end dates, the amount of rent, the size of the premises, and any special provisions.
  • Make note of any restrictions or specific requirements stated in the lease.
  • Determine if you need to make any changes to the lease.
  • Once you have completed this step, you will be ready to define the mortgagor.

Definition of the mortgagor

  • Establish the mortgagor’s identity: This should include the full name, address, and any other relevant contact information.
  • Identify the mortgagor’s legal status: Is the mortgagor an individual, corporation, trust, or other type of legal entity?
  • Specify the mortgagor’s role: This should clearly state the mortgagor’s role in the agreement, as well as the rights and responsibilities associated with it.
  • Establish the mortgagor’s authority: It should be made clear that the mortgagor has the legal authority to enter into the agreement and to carry out the obligations associated with it.

Once all of the above information has been established, you can check this off your list and move on to the next step, which is defining the mortgagee.

Definition of the mortgagee

  • Identify the mortgagee: Determine who the mortgagee is and make sure they are included in the agreement.
  • List the mortgagee’s obligations: Specify the mortgagee’s obligations and how they will be held accountable for them.
  • Define the rights of the mortgagee: Make sure the rights of the mortgagee are clearly defined and outlined in the agreement.
  • Provide information about the mortgage: Include details about the mortgage in the agreement, such as its principal amount, interest rate, and maturity date.

You can check this off your list and move on to the next step once you have identified the mortgagee, listed their obligations, defined their rights, and provided information about the mortgage.

Definition of the landlord

  • Identify the landlord of the property.
  • This could be an individual, a corporation, or a partnership.
  • If the landlord is a corporation, identify the name of the corporation and its state of incorporation.
  • If the landlord is a partnership, identify the name of the partnership, the names of the partners of the partnership, and the state of organization of the partnership.
  • Specify the address of the landlord.

You can check this step off your list when you have identified and specified all the necessary information related to the landlord of the property.

Definition of the tenant

  • Identify the tenant.
  • List the tenant’s full name, address, and any other relevant contact information.
  • When finished, double-check that the tenant’s information is accurate and complete.
  • Once you’ve double-checked the tenant’s information is correct, you can move on to the next step.

The obligations of the parties

  • Outline the responsibilities of the landlord and the tenant in the agreement
  • Specify the tenant’s obligations to the landlord, such as paying rent on time, following all building codes, and notifying the landlord of any changes in tenancy
  • Specify the landlord’s obligations to the tenant, such as maintaining the premises and making repairs as necessary
  • Include any additional obligations that the parties may have under state or local laws
  • Once you have outlined the obligations of both parties, your agreement is ready to be signed and finalized.

The rights of the parties

  • Identify the specific rights of the tenant under the agreement. These can include the right to quietly enjoy the premises, the right to access the premises and the right to exercise options to extend or renew the lease.
  • Identify the specific rights of the landlord under the agreement. These can include the right to terminate the lease if certain conditions are not met and the right to enter the premises to make repairs or improvements.
  • Make sure that the agreement clearly states that the rights of the tenant will not be disturbed by the landlord.
  • Once the rights of both parties have been identified, the agreement should be reviewed by both parties to make sure that all rights are addressed.

Once you have identified the specific rights of both the tenant and the landlord, you can check this step off your list and move on to the next step: ### The duration of the agreement.

The duration of the agreement

  • Determine the effective date of the agreement and include it in the document
  • Specify the termination date of the agreement, if any
  • Indicate whether the agreement is renewable, and if so, include the terms of the renewal
  • Specify the consequences of termination of the agreement
  • Include any additional language to further protect the interests of the parties

Once you have determined the duration of the agreement and included all relevant details in the document, you can check this step off your list and move on to the next step.

The governing law

  • Identify which state’s laws will govern the agreement.
  • Review the state’s laws for any special considerations or requirements for non-disturbance agreements.
  • Include the state’s name in the agreement and make sure it is clear which state’s laws will be used to interpret the agreement.
  • Once the governing law is identified, you can move on to the next step.

The consequences of breach

  • Outline the consequences for the parties if either breaches the agreement.
  • This should include any losses or damages the innocent party may suffer, as well as any remedies or penalties.
  • Ensure that the consequences of breach are clear and reasonable, and that they do not overly punish the breaching party.
  • Once the consequences of breach are outlined, you are ready to proceed to the next step of drafting the non-disturbance agreement.

How to Draft a Non-Disturbance Agreement

  • Establish the scope of the agreement, which should be made very clear and specific
  • Think about the specific terms and conditions that should be included in the agreement
  • Identify the parties involved in the agreement and the rights, obligations, and responsibilities of each
  • Outline the remedies available in the event of a breach of the agreement
  • Identify any limitation of liability that applies to the agreement
  • Make sure to clearly define any terms and concepts used in the agreement
  • Outline any additional provisions that should be included in the agreement
  • Have the agreement reviewed and approved by all parties involved

Once you have included all of the necessary information and ensured that the agreement is clear and specific, you can check this step off your list and move on to gathering the necessary information for the next step.

Gather the necessary information

  • Review the relevant lease agreement that outlines the rights and duties of the tenant and landlord
  • Identify the tenant’s right to continue occupancy and any provisions that guarantee this right
  • Obtain the latest copy of the lease agreement from the landlord
  • Determine the tenant’s security deposit amount and any prepaid rent
  • Research and include any relevant state or local laws or regulations that affect the tenant’s rights
  • Confirm the tenant’s identity, address, and contact information

You can check this step off your list when you have gathered the necessary information and reviewed the relevant laws and regulations.

Review the relevant laws and regulations

  • Research the applicable laws, regulations, and landlord-tenant laws in your state
  • Consult a lawyer to ensure that you are aware of all the applicable laws and regulations
  • Look for any state or local laws, codes, and ordinances that might be relevant to the agreement
  • Review any precedent set by similar cases in your jurisdiction
  • Make sure you understand the different types of non-disturbance agreements
  • Ensure that you are aware of any relevant deadlines or time limits
  • Make sure you understand any potential implications for signing a non-disturbance agreement

Once you have completed your research and review of the relevant laws and regulations, you can move on to the next step: outlining the terms of the agreement.

Outline the terms of the agreement

  • Identify the parties to the agreement and the landlord
  • Specify the tenant’s rights and obligations under the agreement
  • Include a clause that states the tenant will not be disturbed for the duration of the agreement
  • Identify the type of tenancy the tenant will have
  • Include a clause that states the landlord will not interfere with the tenant’s use or occupancy of the premises
  • Specify the landlord’s rights and obligations under the agreement
  • Include a clause that states the tenant will compensate the landlord for any damage to the premises
  • Include a clause that states that the tenant may not sublet or assign the premises
  • Include a clause that states the agreement will be binding upon the parties and their successors
  • Include a clause that states the agreement will remain in full force and effect until it is terminated
  • Include a clause that states the agreement may be terminated by either party upon notice
  • Include a clause that states any disputes shall be resolved through mediation
  • Include a clause that states the agreement is subject to all applicable laws and regulations
  • Include a clause that states the tenant shall be responsible for paying any taxes that may be due

When you can check this off your list and move on to the next step:

  • Once all the clauses have been outlined and agreed upon by both parties, you can move on to the next step.

Have the agreement reviewed by a legal professional

  • Seek out a qualified lawyer to review your agreement and ensure it meets all legal requirements
  • Ask the lawyer to provide feedback on areas of the agreement that may need additional clarification
  • Incorporate any changes suggested by the lawyer and ensure the agreement is legally sound
  • Once the agreement meets all legal requirements, you can move on to finalizing the agreement and signing it.

Finalize the agreement

  • Carefully review the agreement and make sure all changes requested by the legal professional have been made
  • Make sure there are no typographical errors
  • Make sure all parties have signed the agreement
  • Make sure all parties have a copy of the agreement
  • Make sure all parties have received a copy of any amendments to the agreement
  • Make sure the effective date has been established and is stated in the agreement
  • Make sure that all parties understand the terms and conditions outlined in the agreement

When you can check this off your list and move on to the next step:

  • After all parties have signed and dated the agreement
  • After all parties have received a copy of the agreement
  • After all parties have received a copy of any amendments to the agreement
  • After the effective date has been established and is stated in the agreement
  • After all parties have acknowledged that they understand the terms and conditions outlined in the agreement

Where to Find Sample Non-Disturbance Agreement Templates

  • Search online for sample non-disturbance agreement templates to find a template that is suitable for your needs
  • Reach out to legal counsel or a landlord-tenant lawyer for help in finding a template or to draft a customized template
  • Download a sample non-disturbance agreement template and review it thoroughly to make sure it meets your needs
  • When you have found a template that is suitable for your needs, you can move on to the next step of executing the agreement.

How to Execute a Non-Disturbance Agreement

  • Gather the necessary documents and information: you will need to know the details of the landlord/tenant relationship, including names of all parties, contact information, and the property address.
  • Draft the agreement: create a document that outlines the terms of the agreement, including the rental rate, any security deposits, the term length of the agreement, and the rights and obligations of the landlord and tenant.
  • Negotiate and sign the agreement: both parties should review and negotiate the terms of the agreement to ensure that they are comfortable with the terms. Once the agreement is agreed upon, both parties should sign the document and keep copies for their own records.

How you’ll know when you can check this off your list and move on to the next step: Once you have drafted the agreement, negotiated and finalized the terms, and both parties have signed the document, you can move on to the next step.

Sign the agreement

  • Have both parties involved in the agreement sign and date the document
  • Make sure both parties have read and understood the terms of the agreement before signing
  • Once both parties have signed the agreement, you can check this off your list and move on to the next step of having the agreement notarized.

Have the agreement notarized

  • Find a notary and make an appointment.
  • Bring the agreement with you, as well as any other necessary documents or identification.
  • The notary will witness your signature and stamp the document.
  • After the notary verifies your identity and signature, they will issue an official record of the document being notarized.
  • You can check this off your list once you have the notarized agreement in hand.

File the agreement with the relevant authorities

  • Determine where and how to file the agreement.
  • Gather all the necessary documents to file the agreement.
  • File the agreement with the relevant local, state and/or federal authorities.
  • Keep a copy of the agreement for your records.

How you’ll know when you can check this off your list and move on to the next step:

  • Once you have filed the agreement with the relevant authorities, you will receive confirmation of the filing.
  • You can then proceed to the next step, which is to learn how to enforce your non-disturbance agreement.

How to Enforce a Non-Disturbance Agreement

  • Monitor the situation regularly to ensure that the agreement is not being breached
  • If the agreement is breached, take legal action against the responsible party
  • Ensure that the agreement is communicated to all parties involved
  • Familiarize yourself with the applicable laws relevant to the agreement
  • Keep records of all communication related to the agreement
  • When all of the above steps are completed, the agreement will be enforced.

Identify the applicable laws

  • Research the local laws and regulations that apply to your non-disturbance agreement.
  • Consider what regulations are applicable from the federal, state, and local levels.
  • Consult with a lawyer or legal advisor to make sure you are fully aware of the laws that will apply to your non-disturbance agreement.

You can check this step off your list when you have researched and identified all the applicable laws for your non-disturbance agreement.

Notify the other parties of the breach

  • Send a written notice to all parties involved in the non-disturbance agreement, informing them of the breach and the potential consequences.
  • Make sure to include all relevant information in the notice, such as the parties involved, the nature of the breach, and the legal ramifications of the breach.
  • Arrange a meeting with all parties to discuss the breach and come to a resolution.
  • Make sure to document any conversations or agreements made during the meeting.

When you can check this off your list:

  • You can check this off your list when you have sent a written notice to all parties involved in the non-disturbance agreement and have arranged a meeting to discuss the breach and come to a resolution.

Take legal action if necessary

  • Determine if legal action is necessary - consult a lawyer to determine the best course of action.
  • Consider the cost of taking legal action and weigh it against the cost of the breach of contract.
  • If legal action is necessary, take the necessary steps to take action.
  • Keep records of all documents and communications related to the legal action.

When you have taken the necessary steps to take legal action, you can move on to the next step.

Common Mistakes to Avoid When Drafting a Non-Disturbance Agreement

  • Make sure you understand the full scope of the agreement before you start drafting it.
  • Be aware that a non-disturbance agreement is a contract between two parties and should be treated with the same seriousness as any other contract.
  • Make sure all the parties involved in the agreement are named correctly.
  • Clearly define the rights, obligations, and liabilities of each party in the agreement.
  • Make sure the agreement is specific to the particular situation and terms of the agreement.
  • Understand the legal implications of the agreement and make sure all the necessary parties are included.
  • Be sure to include all relevant documents that are necessary for the agreement and include them in the document.
  • Make sure all parties sign the agreement and include a copy of it in the document.

How you’ll know when you can check this off your list and move on to the next step:
Once you have reviewed the agreement and made sure all parties are named correctly, all relevant documents are included, and all parties have signed the agreement, you can check off this step and move on to the next step.

Final Thoughts on Non-Disturbance Agreements

  • Ensure that all parties involved are aware of the terms of the agreement and have agreed to them in writing
  • Have your agreement reviewed by a lawyer experienced in real estate law to make sure that it has proper legal language and is enforceable
  • Make sure that the agreement is signed and dated by all parties involved
  • Keep a copy of the signed agreement for your own records
  • You can check this step off your list and move on to the next step when all parties have signed and dated the agreement.

FAQ

Q: What is the difference between a non-disturbance agreement and other types of agreements?

Asked by Susie on January 15th, 2022.
A: A non-disturbance agreement is a type of contract that is used to protect a tenant from being affected by foreclosure proceedings or other actions taken by a landlord, or the landlord’s creditors. It’s a legally binding agreement that ensures the tenant will not be disturbed or evicted if the landlord defaults on their obligations. Non-disturbance agreements are separate from other types of contracts, such as lease agreements, which cover rent payments, repairs, and other tenant obligations.

Q: How do you draft a non-disturbance agreement?

Asked by Harry on June 28th, 2022.
A: Drafting a non-disturbance agreement requires an understanding of the rights and obligations of tenants and landlords in your jurisdiction. You should include all relevant terms and conditions, such as payment obligations, rights and responsibilities of the parties, any restrictions on the landlord’s ability to take legal action against the tenant, and any other provisions that protect both parties. A non-disturbance agreement should also include a clause stating that it is binding upon all successors in title to either party and any assignees of either party.

Q: What are some common clauses included in a non-disturbance agreement?

Asked by Sophia on February 26th, 2022.
A: Common clauses in a non-disturbance agreement typically include provisions addressing payment obligations; rights and responsibilities of the parties; restrictions on the landlord’s ability to take legal action against the tenant; notice requirements; and any other provisions that protect both parties. It should also include a clause stating that it is binding upon all successors in title to either party and any assignees of either party. Additionally, terms may be included relating to termination of the agreement, indemnification provisions, dispute resolution clauses, admissibility of evidence clauses, and more.

Q: What are the advantages of having a non-disturbance agreement?

Asked by William on March 18th, 2022.
A: Non-disturbance agreements provide tenants with protection against potential foreclosure proceedings or other actions taken by landlords or their creditors. These agreements ensure tenants are not disturbed or evicted if the landlord defaults on their obligations. Having this extra layer of protection can give tenants peace of mind knowing that they will not be forced out unexpectedly if their landlord runs into financial difficulty. Additionally, having a non-disturbance agreement in place can also help protect both parties from potential litigation down the road.

Q: What happens if my non-disturbance agreement is breached?

Asked by Noah on May 2nd, 2022.
A: If either party breaches their obligations under a non-disturbance agreement, then the aggrieved party may be able to seek remedies through legal action. Depending on the jurisdiction in which you are operating, remedies may include damages for breach of contract or specific performance (the court ordering that one party perform its contractual obligation). Additionally, depending on the situation at hand and the laws in your jurisdiction, it may be possible for an aggrieved party to bring an action for injunctive relief (the court ordering one party to cease certain activities) or declaratory relief (the court making an authoritative determination as to each party’s rights under an agreement).

Q: Are there any specific requirements for drafting a valid non-disturbance agreement?

Asked by Emma on July 1st, 2022.
A: Yes - there are certain elements which must be included in order for a non-disturbance agreement to be legally valid. Generally speaking, these elements include clearly defined payment obligations; rights and responsibilities of each party; restrictions on legal action taken by landlords; notice requirements; and any other provisions that protect both parties. Additionally, depending on your jurisdiction there may be additional requirements such as registration with local authorities or notarization/witnessing of signatures where necessary. It is best practice to consult local legal advice when drafting these agreements as laws can differ by location/jurisdiction.

Q: Can I use my own language when drafting my own non-disturbance agreement?

Asked by Mason on November 13th, 2022.
A: Yes – you can use your own language when drafting your own non-disturbance agreement. However it is important to ensure that all relevant terms are clearly defined so that both parties understand what their obligations are under the agreement. Additionally it is best practice to consult local legal advice when drafting these agreements as laws can differ by location/jurisdiction so you may need to make changes to ensure your contract complies with local laws.

Q: What information do I need to include in my non-disturbance agreement?

Asked by Abigail on December 17th, 2022.
A: When drafting your own non-disturbance agreement it is important to include all relevant information such as payment obligations; rights and responsibilities of each party; restrictions on legal action taken by landlords; notice requirements; and any other provisions that protect both parties including indemnification provisions and dispute resolution clauses where applicable. Additionally it is best practice to consult local legal advice when drafting these agreements as laws can differ by location/jurisdiction so you may need to make changes to ensure your contract complies with local laws.

Q: Is it necessary for me to register my non-disturbance agreement with local authorities?

Asked by Owen on April 9th, 2022.
A: This depends on your jurisdiction – some jurisdictions may require you to register your non-disturbance agreement with local authorities while others may not require this step. It is best practice to consult local legal advice when drafting these agreements as laws can differ by location/jurisdiction so you may need to make changes to ensure your contract complies with local laws including any registration requirements where applicable.

Q: Are there any risks associated with creating my own non-disturbance agreement?

Asked by Ella on October 3rd, 2022.
A: Yes – there are certain risks associated with creating your own non-distu

Example dispute

Potential Lawsuits Referencing Non Disturbance Agreement

  • A tenant may raise a lawsuit if the landlord has breached the terms of the Non Disturbance Agreement. This could include a violation of the agreement, such as not allowing the tenant to stay in their space or not fulfilling the responsibilities outlined in the agreement.
  • A tenant may also raise a lawsuit if the landlord is attempting to evict them from their space without the proper legal notice. The Non Disturbance Agreement should outline the procedures for eviction and if the landlord has not followed these guidelines, the tenant may have grounds to sue.
  • The tenant may also raise a lawsuit if the landlord has not provided the services outlined in the Non Disturbance Agreement. This could include not providing the necessary repairs or maintenance to the property or not providing the tenant with the amenities that were promised.

In order to win the lawsuit, the tenant will need to produce evidence that the landlord has breached the terms of the agreement. This could include evidence of the landlord’s failure to provide the services outlined in the agreement or evidence of the landlord’s attempts to evict the tenant without proper legal notice. The tenant should also be able to prove damages which may include financial losses due to the breach of the agreement. If the tenant can prove that the landlord has breached the terms of the agreement and that the tenant has suffered damages as a result, then the tenant should be able to win the lawsuit.

Templates available (free to use)

Non Disturbance Agreement

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