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Updated almost 7 years ago on . Most recent reply

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Jason Nelson
  • Realtor
  • Lincoln, NE
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New duplex with long term tenants.

Jason Nelson
  • Realtor
  • Lincoln, NE
Posted

Closing on my 1st duplex next week that has current long term, month to month tenants occupying both units. Any tips or ideas regarding forms or documents I should give them shortly after close? Looking to lock them into a 12 month lease in a few months, but not right out of the gate. Thanks!

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Nathan Gesner
  • Real Estate Broker
  • Cody, WY
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Nathan Gesner
  • Real Estate Broker
  • Cody, WY
ModeratorReplied

Your offer to purchase should include a requirement that they provide all documentation and agree to sign an estoppel certificate (also called estoppel form or agreement). The estoppel certificate is a form filled out by the tenant and then confirmed by the Landlord and accepted by the Buyer. It's supposed to ensure there are no surprises after closing. For example, you buy the place and the tenant claims the Seller allowed them to paint the walls black or that their security deposit was $2,000 instead of $1,000. How will you know? An estoppel certificate fixes this problem.

Some things it may include:

1. Tenant name, contact information, and address

2. Occupancy date

3. Is there a written lease? If so, review it to ensure it matches the estoppel certificate

4. Are there any modifications to the written lease?

5. Are there any verbal agreements or arrangements between the current Landlord and Tenant?

6. Current lease term (expiration date, month-to-month)

7. Current rent rate

8. Rent due date

9. Security deposit amount

You can find plenty of examples by searching for "tenant estoppel certificate doc" or exchange "doc" with "pdf" for more options.

Here is an example and explanation: https://eforms.com/rental/estoppel-certificate/

Some have a lot of legal jargon but this document does not need to be so detailed. This is an important tool for anyone buying a tenant-occupied property.

  • Nathan Gesner
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