Tenant Estoppel Certificate
(Pro-Landlord) (WI)

Summary

This tenant estoppel certificate template documents and confirms the current status and key terms of a tenant's commercial lease of Wisconsin real property. It includes practical guidance, drafting notes, and an alternate clause. A tenant estoppel certificate is a common closing derivable required by a lender or purchaser in connection with the landlord's financing or sale of commercial real estate. In practice, a tenant estoppel may sometimes be requested prior to closing as part of the purchaser's or lender's due diligence or loan underwriting to ensure that no issues exist that will impact the financials of the transaction. This template assumes the estoppel is being provided to the landlord for the benefit of its lender in connection with a financing of the property. If the tenant estoppel is being delivered to the landlord in connection with a sale of the property, the alternate provisions included in this template should be used and the financing provisions omitted. This template may be modified to suit the specifics of the transaction. This template is drafted from the perspective of the landlord but also contains guidance for the tenant. For more information on tenant estoppel certificates, see Tenant Estoppel Certificates in Commercial Purchase and Sale Transactions, Real Estate for the General Practitioner § 1-1 (g), Thompson on Real Property, Thomas Editions § 99.06 (b)(6), and Thompson on Real Property, Thomas Editions § 99.07(h). For another template of tenant estoppel, see Tenant Estoppel Certificate (Commercial Purchase and Sale). For information on commercial leasing in Wisconsin, see Commercial Real Estate Leasing (WI). See also Junior Associate Real Estate Resource Kit (Commercial Leasing). For information on financing commercial real estate in Wisconsin, see Commercial Real Estate Financing (WI). For information about commercial acquisition loans, see Commercial Real Estate Acquisition Loan Resource Kit. See also Junior Associate Real Estate Resource Kit (Acquisition Finance).