Read re6cSampleTenantEstoppelCertificate.pdf text version

TENANT ESTOPPEL CERTIFICATE TO: AND TO: RE: [Purchaser] [Mortgagee] Lease dated between (the "Landlord") and (the "Tenant") as amended by (collectively, the "Lease") copy attached, consisting of pages of the lease and pages of the amendment for premises in the building on the property known municipally as [municipal address of property] and more particularly described as [legal description].

, consisting of approximately square feet of rentable area.

,

, CURRENT MONTHLY BASE RENT: $

$,

, The undersigned is the Tenant of the premises (the "Premises") under the Lease. This certificate is given to permit you to rely on it as conclusive evidence of the matters stated below, in evaluating the real estate that includes the Premises for purposes of the purchase of that real estate by the [Purchaser] [and financing by [the Mortgagee]]. The undersigned represents and warrants to you as follows: 1. The undersigned is the Tenant at the Premises, and is in sole possession of and occupying the Premises. The Tenant has not subleased all or any part of the Premises or assigned the Lease, or otherwise transferred its interest in the Lease or the Premises or any part thereof. 2. The Lease is currently in effect and constitutes the entire agreement between the Landlord and the Tenant. The Lease has not been amended, modified, or changed, whether in

-2writing or orally, except as set out above in the definition of the Lease [and as disclosed by the copy of the Lease attached]. 3. The commencement date and expiration date of the term of the Lease are correctly stated above. The Tenant has no options or rights and has not exercised any options or rights to renew, extend, amend, modify, or change the term of the Lease, except as disclosed by the terms of the Lease. 4. The current monthly [Base Rent] is correctly stated above. [Base Rent] has been paid through the date stated above. No rent has been prepaid [for more than 1 month]. The Tenant has not been given any free rent, partial rent, rebates, rent abatements, or rent concessions of any kind except as disclosed by the terms of the Lease. 5. The Tenant has deposited the Security Deposit, in the amount indicated above, with the Landlord, and none of the Security Deposit has been applied by the Landlord to the payment of rent or any other amounts due under the Lease. 6. Any construction, build-out, improvements and alterations to the Premises required under the Lease have been fully completed in accordance with the plans and specifications described in the Lease. Any allowance, inducements or other payments required by the Landlord under the Lease have been paid in full. 7. The Landlord has fully performed all of its obligations under the Lease and is not in default under any term of the Lease. In addition, no circumstances exist under which the Landlord may be deemed in default merely upon service of notice or passage of time. 8. The Tenant neither has nor is contemplating any claim against the Landlord for default or any set-off, abatement, reduction, defence or counterclaim to the payment of the [Base Rent], additional rent or any other charges payable by the Tenant under the Lease. 9. The Tenant has not been granted and has not exercised any options or rights of expansion, purchase, or first refusal concerning the Lease or the Premises, [except as disclosed by the terms of the Lease]. 10. The Tenant has not filed and is not the subject of any filing for bankruptcy or reorganization under federal bankruptcy or insolvency laws. 11. The address for notices to the Tenant under the Lease is correctly set forth in the Lease.

12. The Tenant agrees that the information furnished herein may be supplied to others (including, without limitation, lenders) and that you and such lenders, and your respective agents, successors, and assigns, may rely upon the truth accuracy and completeness of all statements herein contained.

-3DATED as of . [Tenant]

Per: Name: Title: I have authority to bind the Corporation.

-4SCHEDULE "A" COPY OF LEASE AND ALL AMENDMENTS ATTACHED

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