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Attornment And Non Disturbance Agreement Template for Saudi Arabia

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Key Requirements PROMPT example:

Attornment And Non Disturbance Agreement

"I need an Attornment and Non-Disturbance Agreement for a retail space in Riyadh, Saudi Arabia, where we're the tenant and need to ensure our lease rights are protected when our landlord refinances the property in March 2025."

Document background
The Attornment And Non Disturbance Agreement is a crucial document in Saudi Arabian commercial real estate transactions where a property is both leased and subject to financial security. It becomes necessary when a lender takes security over a property that has (or will have) tenants, ensuring that the interests of all parties are protected under Saudi law and Sharia principles. The agreement typically includes provisions for the tenant to recognize the lender as landlord in case of security enforcement, the lender's commitment not to terminate the lease upon enforcement, and various administrative provisions. This document is particularly important in Saudi Arabia's growing commercial real estate sector, where international and domestic financing practices must align with local legal requirements. It provides certainty for tenants regarding their continued occupation, assurance for lenders about their security, and clarity for landlords about the interaction between their financing and leasing arrangements.
Suggested Sections

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

2. Background: Recitals explaining the lease arrangement, the loan/security arrangement, and the purpose of this agreement

3. Definitions and Interpretation: Defines key terms and establishes interpretation principles, including Sharia-compliant terminology where necessary

4. Acknowledgment of Lease: Confirms the existence and validity of the lease agreement

5. Attornment: Tenant's agreement to recognize the lender as landlord upon enforcement of security

6. Non-Disturbance: Lender's commitment not to disturb tenant's possession if compliant with lease terms

7. Subordination: Establishes priority between the lease and the security interests

8. Default and Remedies: Specifies events of default and available remedies for each party

9. Notice Requirements: Procedures for serving notices between parties

10. Assignment and Transfer: Rules regarding transfer of rights under the agreement

11. Governing Law and Jurisdiction: Specifies Saudi law as governing law and relevant courts

12. Execution: Formal execution blocks compliant with Saudi legal requirements

Optional Sections

1. Islamic Finance Provisions: Additional provisions when the financing structure is explicitly Islamic/Sharia-compliant

2. Multiple Properties: Additional provisions when agreement covers multiple properties

3. Foreign Party Provisions: Special provisions required when any party is non-Saudi

4. Insurance Requirements: Detailed insurance obligations when required by lender

5. Property Management: Provisions regarding property management if relevant to the arrangement

6. Future Financing: Provisions addressing potential future financing arrangements

7. Rent Collection: Specific provisions about rent collection and payment directions post-enforcement

Suggested Schedules

1. Property Description: Detailed legal description of the property including title details

2. Lease Summary: Key terms of the underlying lease agreement

3. Security Documents: List and summary of relevant security documents

4. Form of Notices: Template notices for various scenarios under the agreement

5. Authorized Signatories: List of authorized signatories for each party with specimen signatures

6. Payment Arrangements: Details of any specific payment arrangements or directions

Authors

Alex Denne

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

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Relevant Industries

Commercial Real Estate

Banking & Financial Services

Retail

Hospitality

Office Space & Commercial Leasing

Industrial & Warehousing

Shopping Centers & Malls

Healthcare Facilities

Educational Institutions

Relevant Teams

Legal

Real Estate

Finance

Risk Management

Property Management

Asset Management

Commercial Leasing

Investment

Facilities Management

Islamic Banking

Relevant Roles

Real Estate Lawyer

Property Manager

Commercial Lease Manager

Finance Manager

Legal Counsel

Real Estate Investment Manager

Asset Manager

Commercial Property Director

Banking Relationship Manager

Facility Manager

Real Estate Development Manager

Risk Manager

Islamic Finance Specialist

Commercial Tenant Coordinator

Industries








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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Attornment And Non Disturbance Agreement

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