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.
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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.
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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.
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Tenant Certifications. The Tenant hereby certifies to the Lender and agrees that: a. The Lease is in full force and effect. b. All payments of rent and other monies due and payable under the Lease have been made through , 20 . c. The Lease is binding and enforceable upon the Tenant. d. There are presently no setoffs, defenses or counterclaims against the Landlord. e. There have been no modifications of the Lease. There are no other oral or written agreements, understandings or the like between the Landlord and the Tenant relating to the Lease or the Property. f. No notice of default under the Lease has been given by the Tenant to the Landlord; no notice of default has been received by the Tenant from the Landlord which has not been cured; and, to the best of the Tenant's knowledge, information and belief (i) no condition exists which might give rise to a default under the Lease, (ii) no claim of any nature exists by the Tenant under the Lease against the Landlord or the Property, and (iii) no event has occurred and is continuing to occur which, with notice or the passage of time, or both, would constitute a default on the part of either the Landlord or the Tenant under the Lease. g. The Tenant has not assigned, mortgaged, sublet, encumbered or otherwise transferred any or all of its interest under the Lease, and has received no notice of any assignment, except for the assignment, mortgage or encumbrance of the Lease by the Landlord to the Lender. h. The Tenant does not hold or claim to hold any or all of the fee simple or reversionary estate in and to the Property (including, by way of example rather than of limitation, any building or other improvements thereon) or any option to purchase the Property. i. The Tenant has no knowledge nor has the Tenant received notice of any sale, transfer, pledge, or assignment of the Lease or the rentals by the Landlord, except for the assignment, mortgage or encumbrance of the Lease by the Landlord to the Lender. j. The Tenant hereby acknowledges that the Lease is to be or has been assigned to the Lender under the Deed of Trust and agrees that, from and after the date hereof, unless the Lender has first given the Tenant the Lender's express written consent thereto, the Tenant will (i) pay no rent under the Lease more than thirty (30) days before the date on which it becomes due under the provisions of the Lease, (ii) pay such rent when due, without any deduction, set-off or counterclaim whatsoever, and (iii) not surrender its leasehold estate ...
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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.
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Tenant Certifications. The Tenant certifies to Lender that: (a) Tenant leases the Leased Premises from Landlord pursuant to the Lease, a true, correct and complete copy of which, including any and all amendments, has been delivered to Lender. There have been no amendments, modifications or revisions to the Lease, and there are no agreements of any kind between Landlord and Tenant regarding the Leased Premises, except as provided in the Lease and as detailed in this certification. (b) The Lease is dated July , 2012 and covers the Leased Premises which consist of approximately 18,388 rentable square feet at the Property. The initial term of the Lease is anticipated to commence on or before November 1, 2012, and will expire on the last day of the 70th full calendar month thereafter, exclusive of unexercised renewal options and extension options. Tenant has the following renewal options: one, three (3) year renewal option. (c) The Lease is in full force and effect and has not been amended, modified, supplemented or superseded, and constitutes the entire agreement between the undersigned and Landlord with respect to the Leased Premises. There is no other agreement (except for the agreements contained herein) between Tenant and Landlord with respect to any other space at the Property. (d) Neither Tenant nor Landlord is in default under the Lease. There is no defense, offset, claim or counterclaim by or in favor of the undersigned against Landlord under the Lease or against the obligations of the undersigned under the Lease. (e) Tenant has not received notice and is not aware of any prior transfer, assignment, hypothecation or pledge by Landlord or of any of Landlord’s interest in the Lease or the Property, except to Lender in connection with the Loan. (f) The monthly installment of base rent of $14,208.33 due under the Lease for the sixth (6th) full month has been paid and the monthly installment of additional rent of $8,075.83 due under the Lease for the first (1st) full month has been paid. Landlord holds a security deposit in the amount of $246,491.16, in the form of a letter of credit. No rent abatements are currently in effect, except as expressly set forth in the Lease.
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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.
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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.
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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.
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Related to Tenant Certifications

  • Tenant’s Work Section 5.1 Tenant will not make any changes to the Premises, the Building, the Building systems, or any part thereof (collectively, “Tenant’s Work”), without Landlord’s consent. Tenant’s Work will be performed, at Tenant’s expense, in a professional manner using new materials of first class quality as reasonably determined by Landlord and in compliance with this lease, all Laws and Tenant’s Plans (as defined in Section 5.2). Section 5.2 Prior to performing any Tenant’s Work which, pursuant to this Article, requires Landlord’s consent, Tenant will, at Tenant’s expense (a) deliver to Landlord, detailed plans and specifications for Tenant’s Work in form reasonably satisfactory to Landlord prepared and certified by a registered architect or licensed engineer, and suitable for filing with the applicable Authority, if filing is required by Law (“Tenant’s Plans”), (b) obtain Landlord’s approval of Tenant’s Plans (which will not be unreasonably withheld or delayed to the extent Landlord’s consent to Tenant’s Work shown on Tenant’s Plans is not to be unreasonably withheld or delayed pursuant to this Article), (c) obtain (and deliver to Landlord copies of) all required authorizations of any Authority, (d) deliver to Landlord certificates (in form reasonably acceptable to Landlord) of worker’s compensation insurance (covering all persons to be employed by Tenant, and all contractors and subcontractors performing any Tenant’s Work), commercial general liability insurance (naming Landlord, Landlord’s managing agent, if any, any Superior Landlord and any Mortgagee as additional insureds) and Builder’s all risk insurance (issued on a completed value basis), in form, with companies, for periods and in amounts reasonably required by Landlord, naming Landlord, Landlord’s managing agent, if any, any Superior Landlord and any Mortgagee as additional insureds. Tenant will promptly reimburse Landlord for any reasonable out-of-pocket expenses incurred by Landlord in connection with Landlord’s review of Tenant’s Plans and inspection of Tenant’s Work, including outside experts retained by Landlord for that purpose. Following the completion of Tenant’s Work, Tenant will, at Tenant’s expense, obtain and deliver to Landlord copies of all authorizations of any Authority required upon the completion of Tenant’s Work and “as-built” plans and specifications for Tenant’s Work prepared as reasonably required by Landlord. Section 5.3 If, in connection with Tenant’s Work or any other act or omission of Tenant or Tenant’s employees, agents or contractors, a mechanic’s lien, financing statement or other lien or violation is filed against Landlord, or any part of the Premises, the Building or Tenant’s Work, Tenant will, at Tenant’s expense, have it removed by bonding or otherwise within 30 days after Tenant receives notice of the filing. Section 5.4 Tenant will not employ, or permit the employment of, any contractor, subcontractor or other worker for purposes of conducting physical work in the Premises, whether in connection with Tenant’s Work or otherwise, if such employment will, in Landlord’s reasonable judgment, interfere or cause conflict with other contractors, subcontractors or workers in the Building. Section 5.5 At Tenant’s request, Landlord will join in any applications for any authorizations required from any Authority in connection with Tenant’s Work (to which Landlord has consented, if required pursuant to this Article), and otherwise cooperate with Tenant in connection with Tenant’s Work, but Landlord will not be obligated to incur any expense or obligation in connection with any such applications or cooperation. Section 5.6 Tenant will not place a load on any floor of the Premises exceeding the floor load per square foot which the floor was designed to carry and which is allowed by any Law. Section 5.7 On or before the Expiration Date, Tenant will, at Tenant’s expense, remove from the Premises and the Building (a) Tenant’s trade fixtures, equipment and personal property which are removable without material damage to the Premises or the Building (“Tenant’s Property”), and (b) any Tenant’s Work which is not an ordinary nonstructural office installation and which Landlord designates for removal in a notice given by Landlord to Tenant on or before the date which is 90 days prior to the Fixed Expiration Date (or five days prior to the Earlier Expiration Date, if applicable), and repair any damage to the Premises or the Building caused by the installation or removal of Tenant’s Property or Tenant’s Work. If, at the time Tenant requests Landlord’s consent to Tenant’s Plans, Tenant requests Landlord to designate the portions of Tenant’s Work which must be removed pursuant to this Section, Landlord will make that designation on the date Landlord gives Landlord’s consent to Tenant’s Plans. Except as expressly provided in this Section, Tenant’s Work will not be removed and will, on the Expiration Date, become the property of Landlord. Any Tenant’s Property or Tenant’s Work (which Tenant was required to remove) which is not removed by Tenant by the Expiration Date will be deemed abandoned and may, at Landlord’s option, be retained as Landlord’s property or disposed of by Landlord at Tenant’s expense.

  • Tenant Work Before commencing any repair or Alteration (“Tenant Work”), Tenant shall deliver to Landlord, and obtain Landlord’s approval of, (a) names of contractors, subcontractors, mechanics, laborers and materialmen; (b) evidence of contractors’ and subcontractors’ insurance; and (c) any required governmental permits. Tenant shall perform all Tenant Work (i) in a good and workmanlike manner using materials of a quality reasonably approved by Landlord; (ii) in compliance with any approved plans and specifications, all Laws, the National Electric Code, and Landlord’s construction rules and regulations; and (iii) in a manner that does not impair the Base Building. If, as a result of any Tenant Work, Landlord becomes required under Law to perform any inspection, give any notice, or cause such Tenant Work to be performed in any particular manner, Tenant shall comply with such requirement and promptly provide Landlord with reasonable documentation of such compliance. Landlord’s approval of Tenant’s plans and specifications shall not relieve Tenant from any obligation under this Section 7.3. In performing any Tenant Work, Tenant shall not use contractors, services, labor, materials or equipment that, in Landlord’s reasonable judgment, would disturb labor harmony with any workforce or trades engaged in performing other work or services at the Project.

  • Tenant Repairs To repair, maintain and keep the Leased Premises and all trade fixtures and improvements therein in good and substantial repair subject only to defects in construction of the structural members of the Building, reasonable wear and tear and damage by fire, lightning and tempest or other casualty against which the Landlord is insured (herein collectively referred to as "Tenant Repair Exceptions"); and that the Landlord may enter and view state of repair and that the Tenant will repair according to notice in writing, except for Tenant Repair Exceptions and that the Tenant will leave the Leased Premises in good repair, except for Tenant Repair Exceptions. Notwithstanding anything hereinbefore contained, the Landlord may in any event make repairs to the Leased Premises without notice if such repairs are, in the Landlord's opinion, necessary for the protection of the Building and the Tenant covenants and agrees with the Landlord that if the Landlord exercises any such option to repair, the Tenant will pay to the Landlord together with the next instalment of Monthly Rent which shall become due after the exercise of such option all sums which the Landlord shall have expended in making such repairs and that such sums, if not so paid within such time, shall be recoverable from the Tenant as rent in arrears. Provided further that in the event that the Landlord from time to time makes any repairs as hereinbefore provided, the Tenant shall not be deemed to have been relieved from the obligation to repair and leave the Leased Premises in a good state of repair.

  • Landlord Work Prior to the execution of this First Amendment, Landlord and Tenant have approved (i) a detailed space plan for the construction of Landlord’s Work in the Premises, which space plan has been prepared by Studio O + A (“Final Approved Plan”) and (ii) a bid proposal for the construction of Landlord’s Work in the Premises, which bid proposal has been prepared by ▇▇ ▇▇▇▇ Construction and is dated June 2, 2011 (Rev-2) (“Bid Proposal”). The Final Approved Plan and Bid Proposal are approved by the parties as of the Effective Date, are attached hereto collectively, as Exhibit “D-1” and hereby replaces the original Approved Plan attached to the Lease as Exhibit “D-1”. Consequently, all references in the Work Letter to the “Approved Plan” shall mean and refer to the Final Approved Plan and Bid Proposal attached hereto as Exhibit “D-1”. Landlord agrees to construct the Landlord Work, pursuant to the terms and conditions set forth in the Work Letter and as depicted on the Approved Plan (as amended hereby). Landlord shall pay for the cost (including, the cost of obtaining all applicable building permits) of the design and construction of Landlord’s Work in an amount up to, but not exceeding, Two Hundred Twenty Two Thousand One Hundred Fifty and 00/100 Dollars ($222,150.00) plus any additional costs actually incurred by Landlord in excess of such $222,150.00 amount as a direct result of Landlord’s or Landlord’s contractor’s active negligence or willful misconduct or resulting from change order to the Approved Plans (as amended hereby) if such change order is initiated and executed by Landlord (the “Landlord’s Contribution”). Tenant shall pay for all costs in excess of the Landlord’s Contribution (“Over Allowance Amount”) which payment shall be made to Landlord in cash within thirty (30) days after Tenant’s receipt of invoice therefor from Landlord. Payment of the Over-Allowance Amount shall be in addition to Tenant’s obligation to pay to Landlord the cost of any Aggregate Extras as provided in Section 4 of the Work Letter.

  • Landlord Improvements Prior to Tenant’s occupancy, Landlord shall complete the Landlord Improvements. Landlord shall use commercially reasonable efforts to complete the Landlord Improvements by the Anticipated Rent Commencement Date. (a) As of November 4, 2011, after consultation with Tenant, Landlord has provided Tenant with Landlord’s proposed plans and specifications (defined below in subpart (c))for the Landlord Improvements (such plans and specifications, as amended in accordance with the provisions of this Rider 101, are hereafter called “Plans and Specifications”). (b) The Plans and Specifications have been accepted by both Tenant and Landlord, the Plans and Specifications are incorporated herein by reference and made a part hereof for all purposes. (c) Landlord and Tenant acknowledge that the plans dated November 4, 2011, by Page ▇▇▇▇▇▇▇▇▇▇▇ Page, LLP have been approved by both parties and shall constitute the “Plans and Specifications.” (d) Promptly upon approval of the Plans and Specifications, Landlord has caused general contractors to bid for construction of the Landlord Improvements. All bids have been opened together, with Landlord selecting the general contractor with the lowest bid to construct the Landlord Improvements (the “General Contractor”), subject to the reasonable approval of Tenant. Landlord shall enter into a guaranteed maximum price construction contract with the General Contractor in the amount of its bid (the “Approved Bid”) and shall not modify such contract without Tenant’s consent, which shall not be unreasonably withheld, delayed or conditioned. Landlord and Tenant have reviewed the Plans and Specifications and the bids and have agreed upon the scope of work to be constructed at a cost of construction not to exceed the Landlord’s Contribution.