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Landlord Subordination Agreement

Landlord Subordination Agreement Template for United States

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Key Requirements PROMPT example:

Landlord Subordination Agreement

"Need a Landlord Subordination Agreement for our San Francisco retail space where our bank requires priority over landlord's rights to secure a $2M equipment loan, to be effective March 1, 2025."

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Document background
A Landlord Subordination Agreement becomes necessary when a tenant seeks financing secured by assets located within leased premises. The lender typically requires assurance that its security interest in the tenant's property will take priority over any landlord's lien or other rights. This document is particularly common in commercial contexts where tenants require significant financing for equipment, inventory, or other business assets. The agreement addresses key issues such as priority of interests, access rights, notice requirements, and remedies available to the parties. Under U.S. law, this agreement helps prevent potential conflicts between secured creditors and landlords, while facilitating commercial financing arrangements.
Suggested Sections

1. Parties: Identifies all parties to the agreement: Landlord, Tenant, and Lender

2. Background/Recitals: Explains the context of the agreement, including the existence of the lease and loan arrangements

3. Definitions: Defines key terms used throughout the agreement including 'Lease', 'Security Interest', 'Collateral'

4. Subordination: Core provision establishing that landlord's rights are subordinate to lender's security interest

5. Landlord's Consent: Explicit consent to lender's security interest in tenant's property

6. Access Rights: Provisions for lender's access to premises to inspect or remove collateral

7. Notice Requirements: Requirements for notices between parties regarding defaults, termination, etc.

8. Governing Law: Specifies jurisdiction and applicable law

Optional Sections

1. Lender's Right to Cure: Optional provision allowing lender to cure tenant defaults to prevent lease termination

2. Insurance Provisions: Optional section addressing specific insurance arrangements and requirements between parties

3. Assignment and Transfer: Optional provisions regarding the transfer of rights between parties

Suggested Schedules

1. Schedule A - Lease Agreement: Copy of the underlying lease agreement referenced in the subordination agreement

2. Schedule B - Property Description: Legal description of the leased premises

3. Schedule C - Collateral Description: Detailed description of tenant's property subject to lender's security interest

4. Schedule D - Notice Information: Contact details and addresses for all parties for notice purposes

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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Industries

Uniform Commercial Code (UCC): Federal legislation, particularly Article 9, governing secured transactions and the priority of security interests in commercial property

Federal Bankruptcy Code: Federal law governing creditor priorities, automatic stays, and treatment of subordination agreements in bankruptcy proceedings

Federal Lien Laws: Federal regulations governing the creation, priority, and enforcement of liens on real property

State Property Laws: State-specific legislation governing real property rights, transfers, and encumbrances

State Landlord-Tenant Laws: State-specific regulations governing the relationship between landlords and tenants, including rights and obligations

State Recording Requirements: State-specific rules for recording and perfecting security interests and subordination agreements

State UCC Modifications: State-specific modifications to the Uniform Commercial Code that may affect subordination agreements

State Commercial Lease Regulations: State-specific rules governing commercial lease agreements and their modification

Local Recording Requirements: County and municipal requirements for recording real estate documents and subordination agreements

Local Real Estate Ordinances: County and municipal regulations affecting real estate transactions and agreements

Zoning Regulations: Local laws governing property use and development that may affect the subordination agreement

Enforceability Requirements: Legal requirements for valid contracts including consideration, capacity, authority, and proper execution

Rights and Remedies Framework: Legal framework governing default provisions, available remedies, and notice requirements for enforcement

Documentation Requirements: Legal requirements for proper documentation including recording, notarization, and execution formalities

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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