I'm purchasing a property with tenants already in place. The leases expired a few years ago and the tenants have been on a month to month lease ever since. I'd like to have them sign a lease estoppel to verify that all initial lease requirements are still in place. Does anyone have a template they could pass along as an example?
I'm purchasing a property with tenants already in place. The leases expired a few years ago and the tenants have been on a month to month lease ever since. I'd like to have them sign a lease estoppel to verify that all initial lease requirements are still in place. Does anyone have a template they could pass along as an example?
Generic advice and sample form below.
The estoppel is a form filled out by the tenant, then confirmed by the Landlord, then accepted by the Buyer. It's supposed to ensure there are no surprises after closing. For example, I often see Buyers purchase property thinking there is a $1,000 deposit but then the tenant claims it was actually $2,000 because they paid the last month's rent. 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.
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.