What happens to my lease if my landlord loses the building?
If your landlord defaults on their mortgage and the lender forecloses, your lease can be extinguished — potentially forcing your practice out of a space you spent heavily to build out.
The protection against this is an SNDA (Subordination, Non-Disturbance and Attornment agreement). Its critical component is the non-disturbance clause, in which the lender agrees that as long as you are not in default, you may remain in your space under your existing lease even after a foreclosure. For a practice with an expensive buildout and a location-bound patient base, this is essential protection. It should be requested at lease signing, especially for long-term or build-to-suit space — it is far harder to obtain after the fact and worthless once a foreclosure is already underway.
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