Tenant Estoppel Certificate

The tenant

The tenant under the lease, who gives and signs this certificate.

Is the tenant a business or an individual?

Tenant's full legal name

For a business, use its registered name, including "LLC" or "Inc." if it has one.

Street address

City

State

ZIP code

Email optional

Used for written notices.

Phone optional

The landlord

The landlord under the lease, who asked for the certificate.

Is the landlord a business or an individual?

Landlord's full legal name

For a business, use its registered name, including "LLC" or "Inc." if it has one.

Street address

City

State

ZIP code

Email optional

Used for written notices.

Phone optional

Who will rely on the certificate

Is the certificate addressed to a specific buyer, lender, or other party?

Yes No

Landlords usually ask for an estoppel certificate because a buyer or lender wants it. Answer yes to name that party. Answer no if the landlord has not said who it is for; the certificate is then addressed to the landlord and its future buyers and lenders.

The party relying on the certificate

The buyer, lender, or other party the certificate is addressed to.

The transaction

The lease

Is this a residential or a commercial lease?

Residential means a home or apartment. Commercial means an office, store, warehouse, or other business space.

Address of the leased premises

Include any unit or suite number, the city, the state, and the ZIP code.

Anything else that identifies the premises optional

For example, "about 2,400 rentable square feet on the third floor, with two reserved parking spaces." Leave blank if the address is enough.

Date of the lease

The date shown on the original lease, not on any later amendment.

If a different landlord or tenant first signed the lease, who originally signed it? optional

For example, "Lakeview Holdings LLC, as landlord, and the current tenant." Leave blank if the landlord and tenant named above signed the lease.

How many amendments, extensions, or side letters change the lease?

Count every signed written change to the lease. Up to three can be listed here; if there are more, list the rest under "Additional statements" at the end.

Has the tenant sublet any part of the premises or assigned the lease?

Yes No

Lease dates

Date the lease term began

The commencement date under the lease, which may be later than the date the lease was signed.

Does the lease have an expiration date?

Rent and deposit

Current monthly rent

For a commercial lease, the current monthly base rent, without operating expenses, taxes, or other charges.

Rent is paid through what date?

The last day covered by the rent the tenant has paid, such as the last day of the current month.

Rent paid more than one month in advance optional

Leave blank if no rent has been paid more than one month ahead. A security deposit is not prepaid rent.

What security does the landlord hold?

Options and special rights

Does the lease give the tenant any of these rights? optional

An option to renew

An option to extend

An option to expand or to take more space

An option to buy the property

A right of first refusal or first offer

A right to end the lease early

Leave blank if it gives none of them.

Defaults, offsets, and defenses

Does the tenant know of any default by the landlord?

A default is a failure to do something the lease requires, such as a repair the landlord has not made.

Is the tenant in default, or has it received a notice of default?

Does the tenant claim any offset, credit, or defense against paying rent?

For example, a rent credit the landlord agreed to, or a claim to deduct repair costs from rent.

Notices and subordination

Has the tenant received notice that the property, the lease, or the rents were sold, assigned, or pledged?

For example, a letter telling the tenant to pay rent to a new owner or to a lender.

Apart from the lease itself, has the tenant signed a subordination, non-disturbance, or attornment agreement?

These are separate agreements, usually with a lender, about whether the lease comes before or after a mortgage.

Date and additional statements

Date of the certificate

The date the tenant signs. Every statement in the certificate is made as of this date.

Additional statements optional

Anything else the tenant confirms or wants to point out, such as a fourth amendment or a pending request to the landlord. Write it as you want it to appear.

Governing law

Which state's law should govern this certificate?

Usually the state where the premises are.

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