Alberta Non-Disturbance Agreement

Placing a mortgage on a commercial building? If you have business tenants, you should provide them with a signed Non-Disturbance Agreement from the mortgage lender.

• A non-disturbance agreement is used when a landlord is using the building as security for a loan or other debt.
• The commercial tenants are given a measure of comfort by having the mortgage lender sign the agreement.
• The mortgage lender agrees that if the landlord defaults on the mortgage and the property is foreclosed upon, the tenants will continue to occupy the premises undisturbed, provided that they are not in default under the lease.
• This Agreement is governed by the laws of the Province of Alberta.

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