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INFORMATION THAT WILL BE ADDED TO THE 4th EDITION Many commercial leases will contain a provision for the tenant to issue an estoppel certificate to a prospective purchaser. In the estoppel certificate the tenant acknowledges the remaining terms of his lease. An estoppel certificate is considered a certificate of "no defense." A tenant issuing an estoppel certificate would be prohibited from later asserting that the lease is subject to different terms. Estoppel certificates in reference to mortgages are discussed in chapter 7. --------------- Another clause that is inserted in many commercial leases is the nondisturbance clause. A nondisturbance clause will protect the lessee’s leasehold interest. --------------- Destruction of the Premises Leases that do not contain specific provisions regarding the tenant’s obligation to pay rent if the rented property is destroyed will follow common law remedies. In situations where the tenant is leasing a free standing building, the courts will hold that the tenant is leasing both building and land and will not be relieved of the obligation to pay rent. In situations where the tenant is renting only a single unit of a multi-unit building, one office in an office building one apartment in an apartment building, will usually be relieved of the obligation to pay rent. --------------- REVISED QUESTION 16 16. The Whitings caused considerable damage to the condominium unit they had rented. The landlord deducted a charge for the damages from the Whitings' security deposit. Which of the following statements is NOT true? A. the landlord can deduct the cost of the damages plus $50 for the landlord's labor in making the repairs B. the landlord can charge for damages that he repaired himself C. the landlord must present an itemized estimate for the repairs within 30 days of the vacating of the premises D. the landlord must provide an itemized statement for repairs within 30 days of providing the estimate
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