Provisions in a Subordination, Non-Disturbance, and Attornment Agreement

Summary

This practice note explains the key provisions of a typical subordination, non-disturbance, and attornment agreement (SNDA). SNDAs are used in commercial leases whenever the parties to these agreements desire to change or clarify the results of state laws that impact relationships of the lender, tenant, and landlord. Although it is possible to draft separate agreements dealing only with lease subordination, tenant attornment obligations, or non-disturbance by lenders, the parties almost always reach contractual agreement on all three of these concepts together.