Florida Commercial Real Estate Tenant Estoppel  - Sample

TENANT ESTOPPEL CERTIFICATE

                    , 20__

     

RE:

    Lease dated                      (the “Lease”) for Big Space, 544 E. Sheridan Street, Hollywood, Broward County, FL 33021 (the “Property”)

The undersigned certifies to                                                   (“Purchaser”)                                                   (“Landlord”) and to Buyer’s mortgage lender,                                                   (“Lender”), and to each of their respective successors, transferees and assigns and acknowledges and agrees that:

  1. The undersigned is the Tenant under the Lease.
  2. The following information concerning the Lease is true and correct:

Landlord:                                                                                                       

Tenant:                                                                                   (“Tenant”)

Premises: Suite             (“Premises”)

Square Feet:                      rentable square feet

Amendments, Modifications, Assignments or Assumptions:

Commencement Date:                     

Expiration Date of Term:                     

Monthly rent under the Lease:

Fixed Minimum Rent: $                    

Operating Expense Installment (includes Insurance and Real Estate Taxes):                     .

Real Estate Tax Installment:                     .

Base Year:         

 

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Base Year Stop Amount, if applicable (Operating expenses include

Insurance and Real Estate Taxes): $                    

Base Year Stop Amount, if applicable (Real Estate Taxes):                     

Tenant’s Pro Rata Share:                     

Scheduled Adjustments (if applicable):                     

Options (if applicable):                     

Amount of Security Deposit: $                    

  3. The Lease contains the entire agreement between Landlord and Tenant with respect to the subject matter thereof, has not been modified or amended except as indicated above, no options to purchase or rights of first refusal are contained therein, and there are no other agreements between them, oral or written, regarding the Premises or the Property. Tenant has not assigned the Lease and has not subleased the Leased Premises or any part thereof.
  4. The Lease (modified as indicated above) is presently in full force and effect in accordance with its terms and Tenant has accepted the Premises.
  5. All rent and additional rent payable under the Lease as of the date of this letter has been paid in full and no rent or additional rent to become payable under the Lease has been paid more than 30 days in advance.
  6. To the best of Tenant’s knowledge, no party to the Lease is in default thereunder, and no event has occurred which, with the giving of notice or the passage of time, or both, would constitute a default thereunder.
  7. Tenant has no counterclaims, defenses or offsets to its obligations under the Lease or to the enforcement of any of the landlord’s rights thereunder.
  8. Landlord has completed all alterations, additions, painting and refurbishing to the Premises and the Property required to be performed by Landlord, and there are no rent concessions, rebates, free rents or similar inducements except as set forth in the Lease.
  9. The Lease is subject and subordinate to any and all existing and future mortgages and any ground lease of the Premises.
  10 No voluntary actions or, to Tenant’s knowledge, involuntary actions are pending against Tenant under the bankruptcy laws of the United States or any state thereof.
  11.

Tenant acknowledges that if Lender succeeds to the interest of Landlord under the Lease, Lender shall not be liable for any act or omission of any prior landlord

 

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  (including Landlord), liable for the return of any advance rental deposit or any security deposit (unless such sums have actually been received by Lender as security for Tenant’s performance under the Lease), subject to any offset or defense which Tenant may have against any such prior landlord or bound by any rent or additional rent Tenant may have paid for more than the current month, or bound by any assignment, surrender, termination, cancellation, waiver, release, amendment or modification of the Lease not expressly permitted by the Lease made without its express written consent.
  12. If Lender succeeds to the interest of Landlord under the Lease by any means, Tenant agrees to attorn to Lender and be bound to Lender under all the terms of the Lease on the condition that Lender does not disturb the possession of the Tenant under the Lease if the Lease is in full force and effect and the Tenant is not then in default under the Lease.

Tenant acknowledges that Purchaser and Lender have requested this certificate in connection with a proposed acquisition and financing of the Premises, and that each of Purchaser and Lender may rely on the information set forth in this certificate.

     
By:  

 
Name:  

 
Title:  

 
Dated:  

 

 

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This document is a sample Tenant Estoppel Certificate and should not be used for any commerical real property lease transaction. This form is being provided for illustrative purposes only and should not be relied upon as legal advice.  We recommend and urge you to consult with an experienced real estate lawyer for professional advice as each Landlord and Tenant relationship is unique and the law is always changing.  All Rights Reserved.