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Landlord estoppel certificate - can I sign?

August 4, 2016
 
Question:

Jennifer,
 
My landlord sent me a document titled "Estoppel Certificate" and asked I sign it.  Can I?

Thanks,
Dr. L

Answer: 

First, very simply, an estoppel certificate for those of you who do not know is a document meant to provide up to the minute accounting of compliance under the lease - typically to be provided to a lender or mortgage holder (usually a bank). The tenant and landlord are usually making representations as to payments made under the lease, security being held and the state of the premises.The problem is in the certificate of any accompanying documents (often times a subordination agreement accompanies the estoppel), obligations on you may be couched in the language.  Possibly even obligations or exposures that were not in the original lease....  There is no reason why you would accept more exposure or responsibility under an estoppel certificate or ancillary related document that exceeds or differs from the lease.  So, as with most contracts you run across, please run a proposed estoppel certificate (and ancillary documents) by your attorney. 

 

 

 

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