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An estoppel letter requires the tenant to swear that there are no defaults under the lease by either tenant or landlord. Option agreements may be written or oral and be supported by something of value.
Generally, the certificate requests that the Tenant verify that the rent is current or whether the Tenant has any potential claims against the Landlord. The certificate is generally used when the landlord or the building owner is selling the building or refinancing the mortgage.
What Is Estoppel? The term estoppel refers to a legal principle that prevents someone from arguing something or asserting a right that contradicts what they previously said or agreed to by law. Put simply, estoppel prevents one person from contradicting an action or statement from the past.
An estoppel certificate gives landlords, investors and lenders additional security that the tenant's promises will be kept. They also benefit tenants as the document confirms that the landlord will not change any agreed-upon terms to the lease.
An estoppel certificate establishes the current status of the lease terms for a third party. Generally, the certificate requests that the Tenant verify that the rent is current or whether the Tenant has any potential claims against the Landlord.
Estoppel basically means that someone is certifying something to be true so they can't later go back and claim something contrary to that first statement. The estoppel certificate certifies the current loan balance to the buyer in a loan assumption agreement.
An estoppel certificate is typically requested when the owner of a multifamily property is either selling or refinancing the property. It's an important piece of a buyer or lender's due diligence. A property owner may be required to request an estoppel certificate from their tenants when they're selling the property.