Subordination is one of the most critical—and misunderstood—provisions in ground lease documentation. It directly affects a tenant's ability to finance and the overall value of the leasehold interest.
Types of Subordination
- Full subordination: Ground lessor subordinate to leasehold mortgage
- Partial subordination: Limited to certain loan amounts
- Non-disturbance provisions and their importance
- Recognition agreements with lenders
Negotiation Considerations
Both lessors and tenants should carefully consider subordination terms at lease inception, as they significantly affect future flexibility and value.