[RPPTL LandTen] estoppel letter

[Haney, Gregory]

Can’t help with any cases, but that won’t stop me from piping up!  I can’t imagine how a landlord would be estopped by a tenant’s own representations (and in this case, unilateral assertion of non-default), even if the landlord did provide a suggested form.




Gregory R. Haney
Attorney at Law
Shumaker, Loop & Kendrick LLP
Bank of America Plaza
101 East Kennedy Boulevard
Suite 2800
Tampa, FL 33602
813.229.7600
813.227.2277 direct
813.229.1660 fax
ghaney at slk-law.com
www.slk-law.com<http://www.slk-law.com/>
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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Marcia Tabak
Sent: Friday, April 26, 2013 12:58 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] estoppel letter


Are there any cases on the following?  Landlord enters into contract to sell commercial strip center.  Tenant signs an estoppel letter provided by this landlord for purposes of the sale,  wherein tenant verifies he is current on the lease, there are no defaults, etc.  Sale goes through and 3 months later is notified by original Landlord that they have discovered a past accounting error when they reconciled their books and now have determined tenant owes them an additional $2,000 that they were previously unaware of. Will this original landlord who furnished tenant with this estoppel letter and who benefited from its execution, which was ultimately relied on by the purchaser of the premises (and purchaser’s lender) be successful in a suit against the tenant for failure to pay sums previously due under the lease?  If you can point out any cases on point or guidance, it would be most appreciated.

Marcia Tabak
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