Tenant Estoppel Certificate
(Pro-Landlord) (VA)

Summary

This tenant estoppel certificate documents and confirms the current status and key terms of a tenant's commercial lease of Virginia real property. This template includes practical guidance, drafting notes, and an alternate clause. A tenant estoppel certificate may be a required closing delivery for a lender where the property being financed is leased to a tenant pursuant to a commercial lease (such as an office, retail, or industrial lease). In addition, a tenant estoppel certificate is often required by a purchaser as a closing delivery where the seller's property is leased to a tenant that will remain at the property after closing pursuant to a commercial lease. This tenant estoppel certificate is drafted from the perspective of the landlord, but also contains guidance for the tenant. This template should be tailored to reflect the details of the particular transaction (e.g., an estoppel certificate for a retail lease may require additional detail on rent if the rent is based off a percentage of profits and an industrial lease may require additional disclosures regarding environmental concerns). If this tenant estoppel certificate is being delivered in connection with a sale of the property, the language relating to a sale should be used and those items that are specific to a financing should be deleted as indicated in the drafting notes to this template. For commercial lease templates to use in Virginia, see Office Lease Agreement (Short Form) (VA) and Retail Lease Agreement (Long Form) (VA). For a template for use in an acquisition loan transaction when a mortgaged property in Virginia is subject to existing tenancies, see Subordination, Non-disturbance, and Attornment Agreement (Pro-Lender) (VA). For further information on the industrial leasing process, see Industrial Leasing Resource Kit.