Glossary · Documents

Tenant estoppel certificate

Also called: estoppel, estoppel letter, tenant estoppel

Defined by the Research desk, The Lender Report · Sources reviewed

A signed statement from a tenant confirming the terms of its lease and that the lease is in effect, which a lender or buyer can then rely on.

A rent roll is the landlord’s account of the leases. An estoppel is the tenant’s. In it the tenant typically confirms the rent, the lease dates, any options, the security deposit, that rent is paid through a stated date, and that neither side is in default. Having signed it, the tenant cannot later claim different terms against the lender who relied on it.

Lenders use estoppels to check that the income they are lending against is real. The OCC handbook lists copies of all leases and executed tenant estoppels among the documents a bank’s file should hold for an income-producing property. Fannie Mae’s Multifamily Guide requires a tenant estoppel certificate for each material commercial lease, which it defines as one making up 5 percent or more of the property’s annual effective gross income.

In practice, a bank will want one from every major tenant in an office, retail or industrial building, and may accept fewer from small tenants. Apartment residents are rarely asked. Tenants can be slow to sign, so start collecting as soon as a lender issues terms. An estoppel that disagrees with the rent roll will be noticed.

How it shows up in the data here

Not in the data. Leases and tenant statements are private, and no public filing on this site carries them. Bank call reports show only the balance each bank held on rented commercial property: see investor CRE lenders and recent loans under investor CRE comps.

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Sources

  1. OCC Comptroller's Handbook, Commercial Real Estate Lending, Version 2.0 (March 2022), retrieved .
  2. Fannie Mae Multifamily Guide, Part II, Chapter 1, Section 111.01D, Tenant Estoppel Certificate, retrieved .

Plain definitions for orientation, not legal, tax or credit advice. A lender's own policy decides what it will do.