Legal Question in Real Estate Law in California
If a tenant just signed a new one year lease, can the owner give a Tenant Estoppel Certificate to notify the tenant of a possible short sell? Could the Tenant Estoppel Certificate also act as a 30-day notice of possibly having to vacate upon the close of escrow?
2 Answers from Attorneys
A tenant estoppel certificate has nothing to do with notice of a sale nor a 30-day or any other notice. If the tenant has a year lease, they have the right to lease the property for a year, no matter what happens regarding ownership. Any buyer would have to accept the tenant under the terms of the existing lease.
I agree with Mr. McCormick. An "estoppel certificate" is a signed certification of various matters with respect to a lease. An estoppel certificate binds the signing tenants to the statements made and estops them from claiming contrary stuff later on. They are usually used in a situation where a purchaser is buying property that is subject to an existing lease.
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