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Updated over 8 years ago on . Most recent reply

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Jason Medina
  • Investor
  • Woodland, CA
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Question regarding SUBORDINATION

Jason Medina
  • Investor
  • Woodland, CA
Posted

Hello,

My name is Jason and I am a fairly new landlord (about 3 years now) and I just picked up my third property. I found a tenant, did all the credit/background checks and things were looking good. I sent my prospective tenant a sample of the lease agreement and he sent back a few change requests which was very minor and I have no issues with making those changes.

However, there is a change he wants to add to the subordination provision which I am not sure I want to make. Here is what is says in my lease agreement.

SUBORDINATION:
This Lease Agreement is subject and subordinate to any mortgage, financing, loans, deed of trust, or right to possession with regards to the building or land that the Landlord is obligated to now or in the future including existing and future financing, and/or loans or liens on the building and land.

What the Tenant wants to add:

It is further understood that, it’s sole election, Landlord may enter into any financing arrangement involving the subject property it deems appropriate. However Landlord agrees that any such financing agreement would not add, delete, or modify any terms under the Lease without the written consent of Tenant

I am not sure if I am comfortable with this addition. Reading it leads me to believe that it would require a tenant’s written approval and grant a tenant power to affect financial decisions regarding my property. Am I reading this correctly?


I am new to this forum and just looking for advise. I apologize if this topic was covered already in another post.

Thank You,
Jason

FYI: The property and I are in California if that makes any difference.

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Matthew Paul#2 Contractors Contributor
  • Severna Park, MD
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Matthew Paul#2 Contractors Contributor
  • Severna Park, MD
Replied

tell the guy to pound sand , Tenants do not dictate lease provisions . 

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