If you are a landlord planning to refinance or sell your rental property and have an existing tenant, you may be required to ask them for a signed tenant estoppel certificate that you can show the buyer or investor.
Estoppel certificates are an important document needed by a buyer or lender so they can have a clear understanding of what is in the lease when acquiring the property. Buyers and lenders need to be familiar with the lease so they can smoothly take over the operations and take care of the existing tenants.
Essentially, estoppel certificates highlights the current relationship between the landlord and tenant that the buyer will be inheriting.
Typically, leases that are shorter than seven years are not recorded in any Registry of Deeds Fin Massachusetts.
In cases where no record of a lease exists due to a lack of documentation, an error in bookkeeping, or any other reason, estoppel certificates are good avenue for the lender or buyer to certify the terms of the original agreement.
This document benefits all parties - landlords, tenants, and investors or lenders. This gives landlords and investors an assurance that the agreed-upon terms and conditions will be honored.
This also protects the tenants and gives them the security that the landlord will keep their word and follow what’s on the contract.
The certificate is expected to include the following:
The agreed-upon lease terms and conditions must also be indicated in the certificate such as:
This information needs to be verified to avoid any future claims so the buyer or lender can transition to taking over the property management smoothly. This can also help the lender or buyer avoid unexpected liabilities and costs.
Without a signed estoppel certificate from the landlord, an interested lender or potential buyer of the property will not have written confirmation or assurance that the leases with all existing renters and their rental fees will continue.
As a landlord, it is a good idea to include a clause about estoppel certificates compliance in the lease contract. The clause should highlight that tenants are required to sign an estoppel certificate upon a tenant estoppel certificate request and if they refuse to, they must agree to whatever is in the estoppel certificate.
If included in the contract, ensure that your tenants take the time to read it and become familiar with the clauses included in the lease agreement. If it is in the details of the lease and tenants failed to sign the estoppel certificate, it can be grounds for eviction.
If not included in the lease, your tenant may refuse to sign the estoppel certificate on the date agreed upon and may not be required to fill out the certificate.
Always protect yourself by writing a clear lease agreement, leaving nothing up to interpretation.
Any properties that are leased must have an estoppel clause in their rental agreement. As a landlord, you must include the clause in any of your leased property’s contracts:
If you own an apartment complex that has multiple tenants with active leases, it is crucial that you include the estoppel certificate clause in your rental agreement. This will protect you and your tenants’ best interests.
Since there are multiple renters to manage, the potential lender or buyer needs to investigate the residential and commercial leases and prepare a plan of action once they take over the landlord's duties and responsibilities.
When selling or refinancing a single-family home, you might be less likely to require a signed estoppel certificate from your tenant, as you are in ownership rather than the landlord. However, the home buyer may be required to sign an estoppel certificate while the home is in escrow.
Similar to an apartment complex, commercial buildings with multiple units or spaces have multiple tenants. It would be much more complicated for the butter or lender to review each lease, so an estoppel agreement is often used for this type of property.
We hope this article has helped you gain a better understanding of the estoppel certificate and how it applies to you. We are also offering a FREE Estoppel Agreement pdf form that you can download! If you’d like a copy you can access it here:
If you have any questions or need more information on estoppel certificates, don’t hesitate to contact the experts at Fall River Property Management!
I couldn't be happier with Lyndsey and her team. From the initial phone conversation right through to the closing and management they have always been there with sound advice and prompt service. As an out of town investor it is very comforting to know that they are there 24/7 looking after both my investment and my tenants.
Jason Berry Rental Property OwnerLooking for more? Get in touch today!
