The Non-Disturbance Agreement serves as a crucial document in Indonesian commercial real estate transactions where property is used as collateral for financing. It becomes particularly relevant when a landlord obtains or has obtained financing secured by the property that is or will be leased to tenants. The agreement ensures that if the landlord defaults on their loan and the lender forecloses, the tenant's lease rights will be preserved, providing security for their continued occupancy. Under Indonesian law, this document must comply with the Civil Code (KUHPerdata) and property regulations, requiring proper notarization and potentially registration with relevant authorities. The agreement typically includes detailed provisions about the property, lease terms, and lender's rights, while establishing clear procedures for notice and enforcement under Indonesian jurisdiction.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Your data doesn't train Genie's AI
You keep IP ownership of your docs
1. Parties: Identifies and defines all parties to the agreement - typically the Landlord, Tenant, and Lender
2. Background: Recitals explaining the lease arrangement, the loan/security arrangement, and the purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement, including Property, Lease, Mortgage, Security Interest
4. Non-Disturbance Covenant: Core provision where Lender agrees not to disturb Tenant's possession upon foreclosure or enforcement of security
5. Attornment: Tenant's agreement to recognize Lender as landlord in case of foreclosure
6. Subordination: Establishes priority of the Mortgage over the Lease if applicable
7. Lender Protections: Provisions protecting Lender from existing landlord liabilities and modifications to lease
8. Notice Requirements: Procedures for serving notices between all parties
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Governing Law and Jurisdiction: Specifies Indonesian law as governing law and establishes jurisdiction for disputes
11. Execution: Signature blocks for all parties and notarization requirements under Indonesian law
1. Property Management Provisions: Include when there's a separate property manager involved in the arrangement
2. Sublease Provisions: Include when the tenant has or may have subtenants
3. Insurance Requirements: Include when specific insurance arrangements need to be maintained
4. Estoppel Certificates: Include when parties need periodic confirmation of lease status
5. Mortgage Default Notifications: Include when tenant requires notification of mortgage defaults
6. Assignment and Transfer: Include when specific rules for assignment of lease or mortgage interests are needed
7. Force Majeure: Include when specific events beyond parties' control need to be addressed
1. Property Description: Detailed legal description of the property including land certificate details
2. Lease Details: Summary of key lease terms and copy of lease agreement
3. Mortgage Details: Summary of key mortgage terms and security interests
4. Form of Notice: Template for notices to be given under the agreement
5. Required Certifications: Forms of any required certificates or confirmations
6. Power of Attorney: If required under Indonesian law for specific actions
Find the exact document you need
Attornment And Non Disturbance Agreement
An Indonesian law-governed agreement establishing rights and obligations between landlord, tenant, and lender in a commercial property financing arrangement.
Download
Real Estate Subordination Agreement
An Indonesian law-governed agreement establishing priority rights between multiple creditors holding security interests in real estate property, ensuring proper subordination of claims.
Download
Subordinated Creditors Security Agreement
An Indonesian law-governed agreement establishing security interests and creditor ranking between senior and subordinated creditors, including local security perfection requirements.
Download
Deed Of Subordination
An Indonesian law-governed document that establishes the ranking and priorities between different classes of creditors, subordinating junior debt to senior debt.
Download
Non Disturbance Agreement
An Indonesian law-governed agreement protecting tenant's rights in case of landlord default or foreclosure, establishing obligations between landlord, tenant, and lender.
Download
ұԾ’s Security Promise
Genie is the safest place to draft. Here’s how we prioritise your privacy and security.
Your documents are private:
We do not train on your data; ұԾ’s AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it
.png)