Tenant Estoppel Certificate (Commercial Landlord and Lender/Mortgagee)

Summary

This precedent provides a sample estoppel certificate for use when a commercial landlord is required to deliver proof to its lender (mortgagee) that the tenancies at the property being mortgaged are in good standing and without any disputes. The estoppel certificate signed by the tenant confirms certain details about the lease, provides proof that there are no existing defaults under the lease, and the tenant has no claims against the Landlord. This precedent contains practical guidance and drafting notes. This precedent only covers some of the more typical items which may be found in a Tenant Estoppel Certificate. The word "estoppel" comes from the concept of a commercial tenant being "estopped" or prevented from going back on its word or its representations to a potential purchaser or lender in a commercial transaction. A tenant is made to certify certain facts in writing and then cannot deny those statements later. For more information, see the precedent: Agreement of Purchase and ...