A Guide to Landlord Lien Waivers

However, a landlord may have its own lien rights in Tenant's Property. Often the terms of lease agreements will specifically grant to the landlord a lien on the Tenant's Property as additional security for the tenant's performance of its obligations under the lease. Additionally, some states provide protection to landlords in the form of common law and statutory lien rights with respect to portions of Tenant's Property located on a Leased Premises. So long as a landlord is satisfied with a tenant's ability to perform its obligations under its lease (whether by virtue of a security deposit, third-party guaranty or confidence in the tenant's own financial wherewithal), the landlord may be willing to agree to waive or subordinate its security interests in Tenant's Property. Even if that is the case, though, a lender generally also requires that its borrower's landlord grant the lender access to the Leased Premises on its own terms for the removal and disposition of Tenant's Property. The idea of granting such a right of occupancy might not appeal to the landlord; after all, the landlord has already expended its own time and resources in negotiating a lease with the tenant.