SNDA (Subordination, Non-Disturbance, and Attornment)

An SNDA is a three-party agreement between tenant, landlord, and lender that governs what happens to the tenant's lease if the landlord defaults on the mortgage and the lender forecloses.

What it means

The tenant agrees to subordinate its lease to the mortgage (the mortgage is senior). The lender agrees not to disturb the tenant's possession as long as the tenant is not in default (non-disturbance). The tenant agrees to recognize the lender (or successor owner) as its landlord after foreclosure (attornment).

SNDAs are standard in commercial leasing. Large tenants negotiate SNDA terms carefully — particularly non-disturbance — because they do not want a foreclosing lender to wipe out their lease and their tenant improvement investment.

The Upleg Weekly

Weekly CRE briefing. Actually worth opening.

One weekly email. Snarky CRE takes, the occasional cap rate, unsubscribe anytime.