Have Estoppel Certificate Identify All Documents Comprising Lease

Identify all of the documents comprising the lease in any estoppel certificate you give to a tenant to sign, advises Arnold J. Kohn, general counsel of The Tower Companies. As an alternative, attach a copy of the lease and all of those documents to the estoppel certificate as an exhibit, he says. Then there shouldn't be any gaps when the tenant certifies that its entire lease is in full force and effect and that all lease amendments and modifications are true and correct, he explains.

Identify (or attach) even those documents that may not be formally titled an “amendment of lease” or a “modification of lease” but that effectively amend or modify the lease—such as lease addendums and side letter agreements, Kohn says. A tenant's certification applies only to those lease documents identified in (or attached to) the estoppel certificate, he notes. If you forget to identify (or attach) a lease document, the tenant won't have certified that the document is true and correct, he warns.

Insider Sources

Arnold J. Kohn, Esq.: General Counsel, The Tower Companies, 11501 Huff Ct., No. Bethesda, MD 20895; (301) 984-7000; ajkohn@towercompanies.com