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ARTICLE · 17 JANUARY 2001

Real Estate

Knapp Petersen & Clarke
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United StatesReal Estate and Construction
James M Phillippi
James M Phillippi

Landlords and Tenants Beware: Errors in Estoppel Certificates Can Bind You to Terms You May Not Anticipate

Every few months, a client sends us a relatively innocent-looking form bearing the title Tenancy Statement or Estoppel Certificate that the client has received from another party to a real estate lease. Invariably, the form is accompanied by a letter stating that there is a financing or property sale pending and a request that the form be signed and returned in an accelerated time frame for the anticipated closing. The form often requests a simple confirmation that an attached document represents the full extent of a written lease, lists the termination date of the lease, and includes an affirmation that the requesting party is not in default thereunder.

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