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here's another video to teach office tenants how to make wise decisions that will save the day from hidden troubles this one is about the importance of s NDA agreements due to persisting high office vacancies many buildings in our region are considered in trouble and several recently have gone back to the lenders after foreclosure with so many troubled office buildings in our region you will want to know that you are protected from the lender canceling your lease that is done through an S NDA agreement what exactly is an S NDA agreement let's get into that right now I'll be back in a second with more on that I'm in the commercial real estate office leasing since 1997 I specifically created Rossy commercial real estate to help local business executives just like you make wise decisions regarding their office space this video series complements that goal by uncovering lots of helpful cost savings tips industry jargon insights into the commercial real estate industry and in essence will help pull the curtain back on many of the hidden secrets about brokers conflicts of interest how commissions are paid different methods for calculating office space size and many many more interesting topics you won't normally get to learn about unless you're already inside the commercial real estate industry in this video I'll discuss the importance of an S NDA agreement snd a stands for subordination non disturbance and attorn in the most basic terms what this means is that when there is a lease agreement in place and the Lalor defaults on their mortgage payment the tenant can't cancel their lease but also a lender can't cancel the lease either it protects the tenant and the lender this is a very important protection for tenants who don't want to become displaced due to a financially struggling asset after all one of the reasons you may have such a low rent is because you least in a building with lots of vacancy and got such a great deal if there is lots of vacancy then that's an asset that's in trouble and if that persists long enough as it has in many buildings in our area it's a real trouble so assume you have a great deal on a 5-year lease if a year or two later the landlord loses the building and it goes back to the lender you don't want to lose your good deal right you had maybe three or four years left on it in other words if a landlord default on a loan the lender becomes the new landlord maybe just temporarily but with an S NDA agreement in place the existing lease remains the same and is honored by the lender now an S NDA is actually three agreements in one it is signed by three parties the landlord the tenant and the lender but in reality it really serves to be an agreement between the tenant and the lender because it is applicable when the landlord loses the asset here are the three parts of an SI da agreement you need to know about number one subordination this is where the tenant agrees that the mortgage that the landlord has with the lender is more important than the lease the tenant has with the landlord it means the lease can be terminated if the landlord defaults on the loan but wait there's more and it's important number 2 non disturbance this part of an S NDA agreement protects the tenant from the first part and is the lenders agreement to keep the lease in place in a mortgage default event and now number 3 a tournament this simply means the reciprocal of the subordination this means the tenant is agreeing to recognize that the lender is the new landlord and the tenant will honor and stay in the current lease you must understand that there are reasons a lender and a landlord would not want to enter into an S NDA agreement or the reason why a lender may simply want one that doesn't include the non disturbance commitment part of that would put the lender in full control and they could honor the lease or not for instance if a lender sees the property as a redevelopment opportunity in the future they may not want to give a tenant anon disturbance agreement because once there is a mortgage default if there is one the lender could then proceed and cancel all the tenants leases and move forward with their great redevelopment ideas well here's another scenario without the non disturbance part of it a tenant paying below-market may find that they have a lender take over as landlord and then threaten to terminate the lease and evict the tenant unless the tenant agrees to pay a higher rent and facing zero negotiating strength of position the only alternative is to move your company out or just something calling the lenders Bluff about the eviction it's really is simply not a good situation to be in now let's talk about what type of tenant can get an S das MDA agreement with the non disturbance clause included in it and when to request it let's start with when to ask for when you are considering moving into a new building and in the early stages of negotiating the terms of the least that is the time to request an S NDA agreement from your new prospective landlord it's the it's best to get it early don't assume it will be included in your lease it won't be matter-of-fact for your best protection you will want it to be a separate agreement outside of the lease as a side point keep in mind that many commercial real estate brokers don't have much experience with these types of s NDA agreements and it's important to be working with a broker that does so who can get one what kind of tenant can get an S NDA agreement well maybe a better question is this is it hard together the answer is yes it is usually hard to get it it takes skill and insight and experience to understand how to go about doing it successfully and when to realize that just isn't in the cards as a rule of thumb the larger the tenant is in the building and the more negotiating positions or leverage that you have while working on a new lease but not committed yet the more likely you are to be successful with this finally s NDA's also have a relevant place when it comes to sub leasing space be sure to watch my video on the hidden dangers of sub leasing space as I discuss this a little further in that video also estoppel certificates somewhat similar matter related to the selling or refinancing of a building don't confuse that term estoppel certificate or estoppel letter with an S NDA agreement you may want to watch my video on estoppel certificates what they are and what they mean for tenants so thanks for watching this video leave me a comment in the youtube comment section below if you have anything you'd like to add to this dialogue and if this video was helpful to you click the like button and subscribe to this channel and look for many many more videos coming out soon to help you the business executive make wise decisions when it comes to your commercial real estate want to learn more about Rossi commercial real estate well then watch some of these videos and don't forget to subscribe to this YouTube channel so 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