What is a landlord waiver for equipment lender?
When a business finances or leases expensive equipment and keeps it in rented premises, the lender worries about two things: that the landlord might claim the equipment for unpaid rent, and that it might be locked out of the building when it needs to take the equipment back. A landlord waiver (also called a landlord consent and waiver, or a collateral access agreement) deals with both before the loan funds.
In this template the landlord confirms the listed equipment stays personal property and not a fixture, waives its lien and distress rights over it as far as the law allows, gives the lender a set number of days' notice before acting on a tenant default, and lets the lender in to remove the equipment within a removal period you choose. The lender repairs removal damage, keeps to the building's rules, leaves the building's own systems alone and pays an optional daily fee. It does not take on the lease. The tenant signs too, consenting to it all.
- Best for
- Equipment loans and equipment leases to tenants of commercial premises
- Signed by
- Landlord, lender or lessor, and tenant, with job titles and initials on every page
- You set
- Equipment list, default notice days, removal period and an optional daily fee
- Length
- 2 to 3 pages
When to use a landlord waiver for equipment lender
- A bank financing CNC machines for a manufacturer in a leased unit
- An equipment lessor placing commercial kitchen equipment in a restaurant
- A medical equipment financier funding imaging machines in a rented clinic
- A lender taking security over a brewery's tanks and canning line
- A landlord asked by a tenant's lender to sign a waiver before the loan closes
What you fill in
17 blanks, then the name and email of each person who signs: landlord, lender or lessor, tenant.
1 The parties
- Date of this waiver*
- Lender or lessor (legal name)*
- The lender's interest in the equipment* holds a security interest in the Equipment under a loan or financing agreement with the Tenant · owns the Equipment and leases it to the Tenant under an equipment lease
- Financing or equipment lease reference (optional)
- Lender's address for notices*
- Landlord (legal name)*
- Landlord's address for notices*
- Tenant (legal name)*
2 Premises and equipment
- Premises address*
- Date of the tenant's lease
- Equipment covered*
- Items that are NOT covered (optional)
3 Default and removal
- Default notice to the lender (days)*
- Removal period (days)*
- Currency*
- Daily fee during the removal period (optional)
- Governing law*
4 Who signs
- Landlord signature and date, job title, initials on every page · The owner or landlord of the premises, signed by someone authorised to bind it.
- Lender or lessor signature and date, job title, initials on every page · The bank, finance company or equipment lessor that owns the equipment or holds security over it.
- Tenant signature and date, job title, initials on every page · The business that leases the premises and uses the equipment.
What the landlord waiver for equipment lender covers
- Background
- The equipment is not the Landlord's
- Landlord's waiver
- Notice of a tenant default
- Access and removal
- The Tenant's consent
- Sale of the premises
- When this Waiver ends
- Notices
- General
Using the landlord waiver for equipment lender, step by step
1 Name the parties and the financing
Enter the landlord, the lender or lessor and the tenant, choose whether the lender holds security or owns the equipment outright, and add the financing reference if you have one.
2 List the equipment precisely
Give make, model and serial numbers. Use the exclusions box for anything the landlord wants to stay with the building, such as HVAC units or lighting.
3 Set the default and removal terms
Choose how many days' notice the lender gets before the landlord acts on a default, how long it has to remove the equipment, and whether a daily fee applies meanwhile.
4 Send to all three signers
FileIt places a signature, date, title and initials box for the landlord, the lender and the tenant, all on the final page. Each receives the signed copy.
Tips before you send it
- Check the lease first: some leases already say what happens to the tenant's equipment, and this waiver overrides them only for the listed items.
- If the premises are mortgaged, the landlord's own lender may need to consent as well.
- Ask your adviser whether your lender's interest should also be registered or filed where you are; that is separate from this waiver.
- Keep a copy with the loan file and the lease, and update the equipment schedule if items are replaced.
Sign it online in minutes
- Fill in the blanks. Names, dates and amounts go straight into the agreement — the preview shows exactly where.
- Name who signs. Tick “This is me” for your own part. FileIt builds the PDF with every signature, date and initials box on the right line, and you can check or move anything before sending.
- Send it. Each signer gets a secure link and signs from any device — no account needed. The signed PDF, with an audit trail and a Certificate of Completion, is filed in your vault and emailed to everyone.
Landlord waiver for equipment lender: frequently asked questions
Why would a landlord sign this?
It helps the tenant get financing, which keeps a tenant in business. In return the landlord gets notice, a fixed removal period, repair of any removal damage and, if agreed, a daily fee while the equipment stays.
Does the lender have to pay the tenant's rent?
No. The waiver says the lender is not a tenant and is not liable for the tenant's rent. It pays only the optional daily fee you set for the removal period.
What if the lender never collects the equipment?
After the removal period, and a further written notice giving at least 10 days, the landlord may treat it as abandoned to the extent the law allows.
Does this waiver work everywhere?
The rules on landlords' liens and fixtures vary by country and state, and some rights can't be fully waived. Where they can't, the waiver puts the landlord's claims behind the lender's. Take local advice for a large loan.