What is the primary function of a nondisturbance clause in a lease?

The primary function of a nondisturbance clause in a lease is to provide assurance that tenants will not be evicted, provided they continue to meet the agreed-upon lease terms. This clause is particularly important in situations where the property is sold or foreclosed upon, as it protects tenants from being removed from the property by a new owner or mortgage holder as long as they uphold their lease obligations. Essentially, the nondisturbance clause preserves the tenant’s right to occupy the leased premises, ensuring stability and security in the tenancy despite potential changes in ownership or management of the property.

Other options focus on different aspects of lease agreements: terminating a lease without penalty, maintenance responsibilities, or consequences of late rent payments, none of which accurately describe the primary intent or function of a nondisturbance clause. Each of these areas is important in a lease but does not directly relate to the core protective element provided by the nondisturbance clause.