A signed statement by a tenant confirming the current terms of the lease, including rent amounts, security deposits, and whether the landlord is in default. Landlords typically request estoppel certificates when selling or refinancing the property.
An estoppel certificate is a legally binding document in which the tenant certifies the status of its lease. Once signed, the tenant is generally "estopped" (legally prevented) from later claiming facts inconsistent with the certificate. Key items confirmed typically include: the lease commencement and expiration dates, current rent and CAM amounts, prepaid rent or deposits, outstanding landlord obligations, and any existing defaults. Most leases require tenants to respond within 10 to 30 days of a request.
A landlord presents an estoppel certificate that misstates the CAM cap percentage and omits a pending maintenance dispute. The tenant signs without reviewing it against the lease. The new property buyer later relies on the certificate to deny the tenant's cap protections.
Never sign an estoppel certificate without comparing every statement against your actual lease. Pay special attention to CAM amounts, cap provisions, and any pending disputes. Add qualifications or corrections before signing. Once you sign, you may be legally bound by whatever the certificate says.
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Find My OverchargesThis page provides general educational information. It is not legal advice and may not reflect the most current law in your state. Consult a licensed attorney for advice specific to your situation.