Legally enter rented property to access collateral: Landlord's Waiver
What is a Landlord's Waiver?
There are a few reasons you might need a Landlord's Waiver. If the tenant doesn't make good on a loan, and has used property as collateral, the lender needs access to it. However, no one can enter the rental home without permission. The lender needs to get a waiver from the landlord. On the other hand, landlords also need to limit their liability, and make sure that entry into the property is lawful. If a tenant's personal items are on the rental property, the landlord might have to waive his or her own rights to help them secure a loan. A lender can't remove a tenant's property for collateral without a waiver. The definition of property can get be unclear with renting, so a Landlord's Waiver can help limit liability for everyone involved.
When to use a Landlord's Waiver:
- You're a tenant and want to give a lender access to your personal property.
- You want to waive certain rights as a landlord to allow a lender access to a tenant's property.
- You're a lender and need access to a tenant's property.
Sample Landlord's Waiver
The terms in your document will update based on the information you provide
This document has been customized over 10.8K times
Legally binding and enforceable
Consult a Legal Pro to ask questions or review your document
Landlord's Waiver
THIS LANDLORD's WAIVER is made and given on , by , , , County, (herein after the "Landlord") in favor of , , , County, (herein after the "Lender").
WHEREAS, is the owner of the premises located at , , and more specifically described in the Property Deed incorporated herein and attached hereto (herein after the "Premises");
WHEREAS, Landlord has leased the Premises to , , , County, (herein after the "Tenant") pursuant to the Lease dated herewith covering the Premises, which is described in the original Lease attached hereto as Exhibit B (which lease and any extensions, modifications and renewals thereof or substitutions therefore are collectively referred to as the "Lease");
WHEREAS, has been asked to provide financing for , which financing is to be secured, among other things, by all of 's now owned or hereafter acquired machinery, equipment, furniture, and fixtures together with all accessions to, products of and proceeds thereof (collectively the "Collateral").
NOW, THEREFORE, in consideration of the foregoing and to induce to grant such financing, and intending to be legally bound, the hereby agrees that:
1.The Lease is in full force and effect and the is not aware of any existing default under the Lease.
2. can store, utilize and install any Collateral at the Premises.
3.Any Collateral now or hereafter located upon the Premises (whether or not any or all of the Collateral would constitute realty or fixtures under any present or future law or agreement) shall be and hereby is deemed personal property and the subject of a first and prior security interest to secure with respect to said financing and any other obligations now or hereafter owing to by .
4. hereby surrenders any claim to personal property that has been affixed to the Premises. surrenders any and all claim to any personal property installed on the property by the , even if such property may be deemed to be a fixture upon the property. Said fixtures will retain their status of personal property and may be removed by the at will.
5.Any 's lien, right of distraint or levy, security interest, or other interest which the may now or hereafter acquire in any of the Collateral for unpaid rent or otherwise, whether by virtue of a lease, landlord-tenant relationship, statute, the Lease, or otherwise shall be waived and released in all respects to any security interests in the Collateral now or hereafter held by .
6.The , in exercising any rights upon default by , may remove any of the Collateral from the Premises without any liability or obligation to ; provided, however, that if shall remove any of the Collateral, shall reimburse for the reasonable and necessary cost of repair of any physical injury to the Premises directly caused by such removal, but not for any diminution in value caused by such removal. Accordingly, in no event, shall be required to post any bond or other security, with respect to such removal.
7.Notwithstanding the foregoing, it is understood that this Waiver by the shall be limited to the extent of 's indebtedness due to the , plus reasonable expenses incurred by , and this Agreement shall not create any rights with respects to any third party.
8.This Waiver shall bind and benefit , , and their respective heirs, administrators, legal representatives, successors and assigns.
9.This Waiver shall be construed under and in accordance with the laws of .
10. If any action at law or in equity is brought to enforce or interpret the provisions of this Waiver, the prevailing party will be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled.
IN WITNESS WHEREOF, the undersigned have executed this Waiver as of the day and year first above written.
LANDLORD
____________________________________
By: , its
On this _____ day of ____________________, _____, before me, ______________________________, the undersigned officer, personally appeared , known to me (or proved to me on the oath of ______________________________) to be the person who is described in and who executed the within and foregoing instrument, and acknowledged to me that they executed the same.
Before me, a Notary Public (or justice of the peace) in and for said county, personally appeared the above named , who acknowledged that he/she did sign the foregoing instrument, and that the same is his/her free act and deed. In testimony whereof, I have hereunto subscribed my name at ________________________________, this _____ day of ____________________, _____.
The foregoing instrument was acknowledged before me this _____ day of ____________________, _____, by .
The foregoing instrument was acknowledged before me, by means of ☐ physical presence or ☐ online notarization, this _____ day of ____________________, ______ by , who is personally known to me or who has produced ________________________________ as identification.
This instrument was acknowledged before me on this _____ day of ____________________, _____ by .
On this _____ day of ____________________, _____, before me personally appeared , to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he/she executed same as his/her free act and deed.
On this _____ day of ____________________, _____, before me, ________________________________, personally appeared , known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he/she executed the same as for the purposes therein contained.
On this _____ day of ____________________, _____, before me, the undersigned, Notary Public for the State of Vermont, personally appeared , to me known (or to me proved) to be the identical person named in and who executed the above Premarital Agreement, and acknowledged that such persons executed it as such persons' voluntary act and deed.
The foregoing instrument was acknowledged before me this _____ day of ____________________, _____, by .
In witness whereof I hereunto set my hand and official seal.
Notary Public
Signature of person taking acknowledgment
_________________________________
Name typed, printed, or stamped
Title (and Rank)
_________________________________
Title or rank
My commission expires _____________
_________________________________
Serial number (if applicable)
Serial number, if any
Notary Address:
_________________________________
_________________________________
_________________________________
_________________________________
TENANT
____________________________________
By: , its
On this _____ day of ____________________, _____, before me, ______________________________, the undersigned officer, personally appeared , known to me (or proved to me on the oath of ______________________________) to be the person who is described in and who executed the within and foregoing instrument, and acknowledged to me that he/she executed the same.
Before me, a Notary Public (or justice of the peace) in and for said county, personally appeared the above named , who acknowledged that he/she did sign the foregoing instrument, and that the same is his/her free act and deed. In testimony whereof, I have hereunto subscribed my name at ________________________________, this _____ day of ____________________, _____.
The foregoing instrument was acknowledged before me this _____ day of ____________________, _____, by .
The foregoing instrument was acknowledged before me, by means of ☐ physical presence or ☐ online notarization, this _____ day of ____________________, ______ by , who is personally known to me or who has produced ________________________________ as identification.
This instrument was acknowledged before me on this _____ day of ____________________, _____ by .
On this _____ day of ____________________, _____, before me personally appeared , to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he/she executed same as his/her free act and deed.
On this _____ day of ____________________, _____, before me, ________________________________, personally appeared , known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he/she executed the same as for the purposes therein contained.
On this _____ day of ____________________, _____, before me, the undersigned, Notary Public for the State of Vermont, personally appeared , to me known (or to me proved) to be the identical person named in and who executed the above Premarital Agreement, and acknowledged that such persons executed it as such persons' voluntary act and deed.
The foregoing instrument was acknowledged before me this _____ day of ____________________, _____, by .
In witness whereof I hereunto set my hand and official seal.
Notary Public
Signature of person taking acknowledgment
_________________________________
Name typed, printed, or stamped
Title (and Rank)
_________________________________
Title or rank
My commission expires _____________
_________________________________
Serial number (if applicable)
Serial number, if any
Notary Address:
_________________________________
_________________________________
_________________________________
_________________________________
LENDER
____________________________________
By: , its
On this _____ day of ____________________, _____, before me, ______________________________, the undersigned officer, personally appeared , known to me (or proved to me on the oath of ______________________________) to be the person who is described in and who executed the within and foregoing instrument, and acknowledged to me that they executed the same.
Before me, a Notary Public (or justice of the peace) in and for said county, personally appeared the above named , who acknowledged that he/she did sign the foregoing instrument, and that the same is his/her free act and deed. In testimony whereof, I have hereunto subscribed my name at ________________________________, this _____ day of ____________________, _____.
The foregoing instrument was acknowledged before me this _____ day of ____________________, _____, by .
The foregoing instrument was acknowledged before me, by means of ☐ physical presence or ☐ online notarization, this _____ day of ____________________, ______ by , who is personally known to me or who has produced ________________________________ as identification.
This instrument was acknowledged before me on this _____ day of ____________________, _____ by .
On this _____ day of ____________________, _____, before me personally appeared , to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he/she executed same as his/her free act and deed.
On this _____ day of ____________________, _____, before me, ________________________________, personally appeared , known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he/she executed the same as for the purposes therein contained.
On this _____ day of ____________________, _____, before me, the undersigned, Notary Public for the State of Vermont, personally appeared , to me known (or to me proved) to be the identical person named in and who executed the above Premarital Agreement, and acknowledged that such persons executed it as such persons' voluntary act and deed.
The foregoing instrument was acknowledged before me this _____ day of ____________________, _____, by .
In witness whereof I hereunto set my hand and official seal.
Notary Public
Signature of person taking acknowledgment
_________________________________
Name typed, printed, or stamped
Title (and Rank)
_________________________________
Title or rank
My commission expires _____________
_________________________________
Serial number (if applicable)
Serial number, if any
Notary Address:
_________________________________
_________________________________
_________________________________
_________________________________
