[RPPTL LandTen] estoppel letter

[Eric.Rapkin at akerman.com]

I can't help with cases either, and I agree that the prior landlord isn't estopped by a tenant's estoppel, but I would also suggest to check the purchase and sale agreement between the former owner and current owner of the center, very often there's a provision for how rentals due for periods prior to the closing are to be collected (and it often allows the former owner to sue the tenant for damages for the past due rentals but not to sue for eviction).

Eric D. Rapkin
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eric.rapkin at akerman.com


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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Haney, Gregory
Sent: Friday, April 26, 2013 1:18 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] estoppel letter

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
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From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> [mailto:landten-bounces at lists.flabarrpptl.org]<mailto:[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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