Tenant Estoppel Certificate and SNDA Agreements

A tenant estoppel certificate is a series of statements about the lease that a tenant certifies to be accurate and true to the current landlord, lender or their designee. Typically, it is a one-page or two-page form that contains blanks for the tenant to complete with accurate information about its tenancy. Once the Certificate is filled out and signed, the tenant is “estopped,” or legally barred, from asserting a contrary claim.

An SNDA Agreement (Subordination, Non-Disturbance and Attornment Agreement) is a declaration whereby one party to a lease formally agrees to subordinate (or rank lower) their claims to those of another party, i.e. the claims of a Tenant against a Landlord are often ranked below those of a mortgagee or a ground lessor. LeaseProbe will draft, prepare, deliver and track tenant Estoppel Certificates and SNDA Agreements. Our Estoppel-related services include:

  • Consultation and Drafting
  • LeaseProbe will work with clients to fully understand their objectives and assist in the creation of a proprietary tenant estoppel form.
  • Preparation
  • Whether the client would like to use LeaseProbe’s Estoppel Certificate, its own proprietary form, or a form created for a specific transaction, we assist in the preparation of the document that will be delivered to the tenant.
  • Delivery
  • LeaseProbe can either deliver the Estoppel Certificates directly or prepare them as if sent from the client.
  • Tracking
  • Once our client selects the frequency and mode of contact, LeaseProbe can follow up with each tenant and track the progress of the Estoppel Certificate. A contact log is always created so that clients can track our progress.
  • Negotiation
  • LeaseProbe can negotiate tenant Estoppel Certificates with tenants and/or their counsel on behalf of our clients.
  • Review
  • LeaseProbe can review the executed Estoppel Agreement for any open issues or conflicting information and can compile a variance report. LeaseProbe’s SNDA services center on the preparation, delivery and tracking services detailed above.