Tenant Certifications Clause Samples
The Tenant Certifications clause requires the tenant to formally affirm certain facts or conditions related to the lease or the leased premises. Typically, this involves the tenant confirming that they are in compliance with the lease terms, that no defaults exist, and that the lease is in full force and effect. This clause is often invoked when the landlord needs to provide assurances to third parties, such as lenders or potential buyers. Its core practical function is to provide reliable, up-to-date information about the lease status, thereby reducing uncertainty and facilitating transactions involving the property.
Tenant Certifications. Within ninety (90) days prior to the expiration of the Term, Tenant shall certify to Landlord in writing that, to the best of its knowledge, (i) the Premises is free from all Hazardous Materials caused by Tenant or Tenant’s Representatives, and (ii) no such Hazardous Materials exist on, under or about the Premises other than as specifically identified to Landlord by Tenant in writing. If Landlord reasonably believes that such certification is inaccurate, or if an environmental report is required by law, Landlord shall give notice to Tenant within thirty (30) days after receipt of Tenant’s certification that Tenant shall have the Premises thoroughly inspected by an environmental consultant acceptable to Landlord for purposes of determining whether the Premises is free from all Hazardous Materials. If Landlord fails to timely give such notice, the requirement for an environmental inspection report is not required of Tenant unless such report is otherwise required by Tenant under this Paragraph 8. Landlord’s failure to request an environmental inspection report shall in no way alter, abridge or limit Tenant’s indemnity obligation hereunder. Tenant shall deliver to Landlord a copy of the environmental consultant’s report forty-five (45) days prior to the expiration of the Lease. In the event the report discloses the existence of any Hazardous Materials caused by Tenant or Tenant’s Representative, which requires any clean up or any other form of response (collectively “Clean up”), Tenant shall perform such immediately and deliver the Premises with the conditions specified in the report “cleaned up”, to the full satisfaction of Landlord. In the event the conditions specified in the report require Clean up which cannot be completed prior to the expiration of the Term, Tenant shall be obligated to pay Landlord the rent hereunder, as adjusted, for each day delivery of the Premises in the required condition to Landlord is delayed beyond the expiration of the Term in addition to the Clean up costs.
Tenant Certifications. Tenant must certify Tenant’s initial Household composition and Household income level, and annually recertify Tenant’s Household income prior to the commencement or renewal of the Lease’s term. Tenant is obligated to provide subsequent recertifications of Household composition and Household income as HFA or Owner may require. Tenant’s initial Household income must be at or below the Initial Qualifying Household Income, as above defined. Tenant must provide Owner with such certification or recertification of Household income or Household composition, and, as applicable, any third-party income verification or other proof reasonably required by Owner under applicable law and program rules for the purpose of verifying income or determining Household composition. Tenant authorizes Owner to verify all sources of income in the Household. Tenant certifies that such certifications and proofs are true and accurate, and that the total annual income of all the members of Tenant’s Household who occupy the Apartment subject to this rider to the Lease (“Rider”) does not exceed the amount set forth in such certification. ▇▇▇▇▇▇ agrees to 4 Insert the maximum initial qualifying income for Low Income Unit Tenancy in the Tenant’s Apartment notify Owner immediately in the event that there is any change in the identity or number of persons occupying the Apartment. TENANT ALSO ACKNOWLEDGES THAT A HOUSEHOLD CONSISTING ENTIRELY OF FULL- TIME STUDENTS AS DEFINED IN SECTION 151(c)(4) OF THE INTERNAL REVENUE CODE IS PROHIBITED FROM LOW INCOME UNIT TENANCY, REGARDLESS OF INCOME, UNLESS SUCH FULL- TIME STUDENT HOUSEHOLD MEETS AN ALLOWABLE EXEMPTION.
Tenant Certifications. Tenant represents and warrants to Landlord that (a) the Lease is in full force and effect; (b) there exists no breach or default under the Lease on the part of Landlord, nor any state of facts which, with notice, the passage of time, or both, would constitute a breach or default under the Lease on the part of Landlord; (c) Tenant has no option or preferential right to purchase all or any part of the Premises (or the real property of which the Premises are a part); (d) Tenant has no option, right of first offer or right of first refusal to lease or occupy any other space within the property of which the Premises are a part; (e) there has not been filed by Tenant or against Tenant, a petition in bankruptcy, voluntary or otherwise, any assignment for the benefit of creditors, any petition seeking reorganization or arrangement under the bankruptcy laws of the United States, or any state thereof, or any other action brought under said bankruptcy laws with respect to Tenant; (f) all insurance as may be required under the terms of the Lease to be maintained by Tenant is being maintained by Tenant; and (g) there is no defense, offset, claim or counterclaim by or in favor of Tenant against Landlord under the Lease or against the obligations of the undersigned under the Lease.
Tenant Certifications. The Tenant certifies to the Lender that:
a. The Lease is presently in full force and effect, represents the entire agreement between Tenant and Borrower, as landlord (“Landlord”) and has not been modified, changed, altered, amended or supplemented in any respect (except as may be indicated at the end of this subparagraph 1a). Tenant has no present (accrued) right to cancel or terminate the Lease under the terms thereof or otherwise. (If any amendments are listed in this section, the same shall be included in the term “Lease” as used herein.)
b. The term of the Lease commenced on and the Lease terminates on and rent has been paid through and including . If there are any rights of extension or renewal remaining under the terms of the Lease, the same have not, as of this date, been exercised.
c. The fixed minimum rent being paid is $ per month, excluding operating expenses, CAM, tax and insurance costs and similar charges owed pursuant to the Lease. As of the date hereof, Tenant has no accrued right or offset as to any free rent, partial rent, rebate of rent payments or other rental concession, except for the free rent period set forth in Section 2.5 of the Lease. No rent has been paid in advance of the due date thereof.
d. The Premises contains 85,430 square feet of space and Tenant is in possession of the Premises and business is being conducted by the Tenant in the Premises on a regular basis. The construction and delivery of all improvements required by the terms of the Lease, to be made by the Landlord thereunder, including, without limitation, parking and common areas, have been satisfactorily completed and any and all obligations of Landlord of an inducement nature, concessions, payments or abatements in rent under the Lease, or otherwise, have been paid or satisfied in full by Landlord.
e. A security deposit of $3,000,000 has been paid to the Borrower as Landlord under the Lease. With the exception of the payment of such security deposit, no rent under the Lease has been paid in advance of its due date.
f. No notice of default under the Lease has been given by Tenant to Landlord; no notice of default has been received by Tenant from Landlord and, to the best of Tenant’s knowledge, information and belief, as of the date hereof (a) no condition exists which might give rise to a default under the Lease and (b) no claim of any nature exists by Tenant under the Lease against Landlord or the Premises.
g. The Lease contains and Tenant has no outstanding opti...
Tenant Certifications. Seller agrees that, as an additional condition precedent to Buyer’s obligation to close the Transaction, Buyer shall be entitled to receive executed Tenant Certifications (as defined in Paragraph 4 below) from the following tenants: Ernst & Young U.S. L.L.P.; Husch & Eppenberger, L.L.C.; Metropolitan Life Insurance Company; and Northern Trust Bank, FSB.
Tenant Certifications. The General Partners have conducted an initial tenant income certification, audited by a qualified third-party auditor satisfactory to the Investor Limited Partner, with respect to the tenants of the Eligible Federal Tax Credit Units and has provided to the Investor Limited Partner evidence of such income certification and a certified rent roll. If the Investor Limited Partner deems the audit to be unacceptable, the Investor Limited Partner may commission an additional audit by a third-party auditor of its choice at the expense of the Partnership. In connection with the initial tenant income certification, the General Partners shall provide electronic access to the Investor Limited Partner of the tenant files establishing that the tenants first occupying Eligible Federal Tax Credit Units are qualified tenants.
Tenant Certifications. Landlord will use commercially reasonable efforts to co-operate with Tenant, at Tenant's sole cost, in the certification of the Premises pursuant to any rating scheme, such as ASHRAE standard 189.1 LEED CI standard (as specified by the U.S. Green Building Council until adopted by the Canada Green Building Council) or equivalent standard as Landlord may agree to, acting reasonably.
Tenant Certifications. Tenants must certify their household composition and household annual income for all programs. Additionally, some properties may require that tenants annually recertify Tenant’s household composition and annual income prior to the commencement or renewal of the Lease’s term. A household that changes its composition or transfers units may need to be certified again at “initial” requirements. Tenant's household annual income must be at or below the Initial Qualifying Household Income, as above defined. Tenant must provide the Owner Agent with such certification or recertification of household composition and annual income, and, as applicable, any third-party income verification or other proof reasonably required by Owner Agent under applicable law and program rules for the purpose of verifying income or determining household composition. Tenant authorizes Owner Agent and the City to verify all sources of income in the household. Tenant certifies that such certifications and proofs are true and accurate, and that the total annual income of all persons who occupy the unit subject to this rider to the Lease (“Rider”) does not exceed the amount set forth in such certification. ▇▇▇▇▇▇ agrees to notify Owner Agent immediately in the event that there is any change in the identity or number of persons occupying the unit. ▇▇▇▇▇▇ understands and agrees that Owner’s determination that ▇▇▇▇▇▇ qualifies as an “Eligible Tenant” is based upon the statements, representations, certifications, and verification documentation given to Owner by or on behalf of ▇▇▇▇▇▇. Tenant hereby affirms that the statements, representations, certifications, and verification documentation given to Owner by or on behalf of Tenant are truthful and accurate. Owner has determined, based on Tenant’s statements, representations, certifications, and verification documentation provided to Owner, that ▇▇▇▇▇▇ meets the criteria for an Eligible Tenant in accordance with the standards in the Affordable Programs.
Tenant Certifications. As additional consideration for this Amendment, Tenant hereby certifies that:
(a) The Original Lease (as amended hereby) is in full force and effect.
(b) To Tenant’s actual knowledge, there are no uncured defaults on the part of Landlord or Tenant under the Original Lease.
(c) To Tenant’s actual knowledge, there are no existing offsets or defenses which Tenant has against the enforcement of the Original Lease (as amended hereby) by Landlord.
