The Landlord Lien Waiver Form is a critical document in Canadian commercial real estate and financing transactions. It becomes necessary when a tenant seeks to use their business assets, equipment, or inventory located on leased premises as collateral for financing. Under Canadian provincial laws, landlords typically have statutory and contractual rights to seize tenant's property for unpaid rent or other lease violations. However, these rights can conflict with a lender's security interest in the same assets. The Landlord Lien Waiver Form resolves this conflict by having the landlord formally agree to subordinate or waive their lien rights in favor of the lender's security interest. This document typically includes specific provisions about access rights, notice requirements, and the scope of the waiver, ensuring clear understanding and protection for all parties involved.
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1. Parties: Identification of all parties: Landlord, Tenant, and Secured Party (usually a bank or lender)
2. Background: Recitals explaining the lease arrangement, secured party's security interest, and purpose of the waiver
3. Definitions: Key terms including 'Collateral', 'Lease', 'Premises', 'Security Interest', and 'Lien Rights'
4. Waiver and Subordination: Core section where landlord waives its rights to distrain or seize tenant's property and subordinates its interests
5. Access Rights: Provisions granting the secured party access to the premises to inspect or remove collateral
6. Notice Requirements: Procedures and timeframes for providing notices between parties
7. Term and Termination: Duration of the waiver agreement and circumstances for termination
8. Governing Law: Specification of applicable provincial law and jurisdiction
1. Insurance Requirements: Used when specific insurance coverage is required for secured party's entry to premises
2. Damage and Indemnification: Include when parties need specific provisions about responsibility for damage during collateral removal
3. Assignment and Succession: Required when transfer rights need to be specifically addressed
4. Landlord's Reserved Rights: Include when landlord needs to preserve certain specific rights despite the waiver
5. Subordination Limitations: Used when certain items or rights are excluded from the subordination
6. Default Procedures: Include when specific procedures for default scenarios need to be outlined
1. Schedule A - Description of Premises: Detailed legal description of the leased premises
2. Schedule B - Collateral Description: Detailed list or description of tenant's property covered by the waiver
3. Schedule C - Lease Details: Key details of the lease agreement including date, term, and parties
4. Schedule D - Notice Information: Detailed contact information and notice procedures for all parties
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