TENANTS ESTOPPEL CERTIFICATE
TO: ________________________________________________________ (“Mortgagee”) RE: ________________________________________________________ (“Premises”) LANDLORD: _______________________________________________ (“Landlord”) TENANT: __________________________________________________ (“Tenant”) The undersigned, a tenant of the above Premises and occupying Suite/Unit Number ____ hereby certifies as follows: 1. Tenant has a written lease (the “Lease”) which expires on ____________. A true and correct copy of that lease is attached to this certificate. The Tenant agrees that the Tenant will not amend, modify or terminate the Lease without the consent of the Mortgagee. 2. Neither the Lease nor the memorandum of the Lease has been recorded. 3. The Lease in full force and effect and has not been modified in any respect. 4. Tenant has complied with all the terms and conditions of the Lease. Tenant has paid all rent and other amounts due under the Lease through ___________ [Insert Date], and has received no notice of any default under the Lease. Tenant has not prepaid any rent. 5. Tenant paid a security deposit in the amount of $______________ pursuant to the Lease. 6. Tenant has no claims against the Landlord or the Mortgagee. Tenant has no defenses to the Lease and has no offsets against any obligation of the Tenant set forth in the Lease. 7. The Lease is and shall remain subject and subordinate at all times to all existing and future mortgages affecting the premises without any further document or action by the Tenant being required. Specifically, the Lease shall be subject and subordinate to any mortgage or consolidated mortgage lien held by or granted to the Mortgagee. Tenant shall execute and deliver a document subordinating the Lease to the lien of any mortgage affecting the premises if the Mortgagee so requests. 8. If the Mortgagee succeeds to Landlord’s interest under the Lease as the result of a mortgage foreclosure, and the Tenant’s interest is not foreclosed in such foreclosure action, then Tenant shall be bound to the Mortgagee under all of the terms of the Lease with the same force and effect as if Mortgagee were the landlord under lease. Tenant shall attorn to Mortgagee as its landlord, such attornment to be automatic, without any requirement that the Tenant sign any
other document, and shall be effective as soon as Mortgagee succeeds to the landlord’s interest under the Lease. This paragraph shall also apply to benefit any other person or entity that purchases the Premises at a foreclosure sale of the mortgage lien to be held by Mortgagee. 9. This certificate shall be for the benefit of the Mortgagee, its successors and assigns, and any future owner of the premises who acquire the premises from the Mortgagee or through a foreclosure of the Mortgagee’s mortgage on the premises.
Dated: ____________________
_________________________[Tenant] By: _____________________________ (Signature) _____________________________ Print name and title of person signing for tenant