All Forum Posts by: Jason Medina

Thank you everyone for all your input. I believe the root of my tenant's concern is a result of what happened to him at his last place. The landlord sold the home 6 months into his lease so I think he is trying to avoid something like this from happening again. While I understand he wants to protect his interest, I felt adding wording into the lease that would require a landlord to get written approval from a tenant when making financial decisions regarding the property was not in my best interest.

I do agree with what some have said that he might end up being a nightmare tenant but I also sort of respect someone that actually reads the lease before signing and speaks up for his rights (which might still make him a nightmare tenant in the future).

I did a little more research on this issue last night and I believe adding a non-disturbance clause to protect the tenant's rights under the lease without giving the tenant power over financial decisions is the right way to go.

Thinking about adding this line:
Tenant's rights under this Lease shall not be disturbed so long as Tenant is not in default under this Lease. In the event of sale or foreclosure, Tenant recognizes the subsequent purchaser as the lessor under this Lease.

Now I just need to decide if I still want to rent to him.

Just to clarify. I didn’t write the lease. It was a lease I found when I first started, using a form you fill out online and is supposed to be state specific. I didn’t add or delete anything so I was assuming the provision was there for a reason.

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.