Guide to Non-Disturbance Agreement

Use a non-disturbance agreement to make commercial tenants feel secure in their rights
By Trish Popovitch

A non-disturbance agreement is between a tenant and a lessee and protects a tenant in the case that the property owner falls short on their ability to maintain the property. By signing the agreement, a tenant can continue to rent space for the remainder of their lease even if their proprietor or property manager is unable to retain control of the property.

As a small business owner renting commercial lease space, the non-disturbance agreement adds extra security. As property manager, the agreement not only makes your tenants feel secure, it makes a piece of real estate more appealing in a narrowing marketplace. Consider the following when using or creating a non disturbance agreement:

1. Consider the space and rental value of a property when deciding upon the details of any non-disturbance agreement.

2. Get non-disturbance agreement advice from other property managers to see if there is a standard form already in use in your real estate area and price range.

3. Understand that non-disturbance agreement management becomes a part of the property management and should become a consistent part of your property management format.

Action Steps

The best contacts and resources to help you get it done

Find a non-disturbance agreement expert that can assist with the details of your form 'Expert' in the world of legal forms can range from a real estate or corporate attorney to a real estate industry expert in your area. Getting a little professional advice before showing any form to a tenant is a great way to protect your property management company from lawsuits resulting from simple errors or confusing language.

I recommend: FindLaw offers a attorney locating service specializing in real estate using an online search and your state of residence. LivePerson. connects you with a real estate expert who can help you with your real estate forms. Although this costs money, it does allow you to chat live with a real estate expert.

Create a non-disturbance agreement that is tailored to your property and your state law After consulting an industry expert on your needs, customize an agreement that you can use over and over again with all your property management arrangements. By using a standard customized form across the board you reduce the risk of typos and legal errors.

I recommend: U.S. Legal Forms has a line of landlord tenant forms that you can customize to include your company details and the necessary clauses for your state. SoftPro is a legal custom form site that tailors forms and agreements to suit your needs in whatever software you need. With a free quite service and money back guarantee, this is the most expensive yet most convenient way to create your custom non-disturbance agreement.

Print out a non-disturbance template online for smaller or simply lease agreements For smaller properties where the risk of litigation or rapid change is low, you can save time and money by printing off a simple non-disturbance agreement from the internet and plugging in the personal details. It is still a good idea to read the agreement over several times before sharing with your tenant.

I recommend: Freebusinessforms.com offers a simple non disturbance form template that you can print off and fill in the mortgagee and tenant information along with dates and signatures. Freelegalforms.net has a more detailed printable agreement with several clauses relating to rent payments.

Tips & Tactics

Helpful advice for making the most of this Guide

Non-disturbance agreement information can be included as a subparagraph of a standard lease agreement and a tenant must be in good standing with rent payments in order for the agreement to remain effective.