6
Keep the Landlord from Being Arbitrary
Propose that whenever you are required to get the landlord’s approval or consent, it will not be unreasonably delayed or withheld. If you cannot get such a blanket provision, try to insert the requirement at each point in the lease where you want to avoid arbitrariness on the part of the landlord.
7
Improve the "Estoppel" Certificate Provision
You may be required to provide an “estoppel” certificate or letter at the demand of the landlord. In it you must state whether certain things about your leasehold relationship are true, such as whether the landlord is in default, the rent has been paid more than one month in advance, and whether and if so how the lease has been amended since it was originally signed. It is intended to be relied on by a third party such as a bank or purchaser. Have a qualified attorney review it because the third party can come after you later if your statements are untrue. Specify that your statements are made only “to the best of your current knowledge and belief.” You might try to get the landlord to promise to provide you with a similar statement or certificate which you can give to your lender when you are trying to refinance your furniture, fixtures, equipment or tenant improvement loan.
8
"Subordination" and "Non-Disturbance"
When the landlord insists that you agree to allow its lender to subordinate your lease to the lender’s lien, that is, to make the lender’s rights superior to yours, insist on a "non-disturbance” provision requiring the landlord to provide you with an agreement from its lender that if the lender takes over the property it and any of its successors will continue to respect your lease rights so long as you satisfy your lease obligations."
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