Landlord's Lien Waiver Clause
(Restaurant Lease) (Pro-Tenant)

Summary

This landlord's lien waiver clause is for use in a restaurant lease. It contains language favorable to tenant whereby landlord waives its right to obtain a lien on tenant's personal property. This clause includes practical guidance and drafting notes. This landlord's lien waiver clause can be used when a tenant plans to obtain a leasehold mortgage. It prevents interference with a lender's rights by ensuring that a landlord cannot claim a lien on the tenant's furniture, fixtures, equipment, or other personal property, except under the limited circumstances set forth in the clause. It also requires landlord to deliver, promptly upon request by tenant, a waiver of such lien to the tenant's lender. The capitalized terms used in this clause should be conformed to the defined terms in the relevant lease. For more information on statutory landlord liens, see Statutory Landlord's Lien State Law Survey (Short Form). For an overview of lien rights in all 50 states and the District of Columbia, see Statutory Landlord's Lien State Law Survey (Long Form). For more information on restaurant leases, see Restaurant Lease Agreements. For a non-jurisdictional retail lease agreement that can be modified for a restaurant space, see Retail Lease Agreement (Long Form). For a full waiver agreement, see Landlord Lien Waiver and Collateral Access Agreement (Pro-Lender).