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Co-Tenancy Notice Form

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CO-TENANCY NOTICE FORM

This Co-Tenancy Notice is provided pursuant to the Lease identified below. Tenant hereby provides formal notice to Landlord of the change or assertion described in this form, and requests the actions or acknowledgements set forth herein.

Parties and Lease Reference

Tenant Name:

Landlord Name:

Original Lease Date:    Lease Section/Provision (if applicable):

Property Identification

Notice Type (check applicable)

Addition of Co-Tenant (request consent)
Removal/Resignation of Co-Tenant (report departure)
Substitution of Co-Tenant or Guarantor
Assertion of Co-Tenancy Default or Co-Tenancy Trigger (claiming lease relief)
Request for Landlord Consent (per Lease)

Co-Tenant(s) Affected / Subject

Proposed / Effective Date for Change:

Statement of Facts / Basis for Notice

Disclosures

Lead-Based Paint Present? Yes No

Known Mold or Water Damage? Yes No

Prior Structural or Material Damage to Unit? Yes No

Requested Relief / Action

Deadline for Landlord Response:

Notices and Addresses for Service

Notice Delivery Methods Requested: Personal Delivery Certified Mail Email

Default, Remedies and Reservation of Rights

Tenant represents that the facts stated herein are true and correct to the best of Tenant's knowledge. Tenant acknowledges that if Tenant asserts a co-tenancy default or invokes a co-tenancy provision of the Lease, Landlord may require documentation or cure rights as set forth in the Lease. Nothing in this notice amends the Lease except by written agreement signed by both parties.

Remedies: Landlord's failure to respond by the deadline specified above shall be governed by the notice and cure provisions of the Lease. Tenant reserves all rights under the Lease, including the right to seek specific performance, rent adjustment, or termination where lease provisions permit.

Governing Law; Entire Agreement

This Notice shall be governed by the law specified in the Lease. This Notice, together with the Lease, contains the complete agreement of the parties regarding the matters asserted herein and supersedes any prior oral or written communications concerning the same subject matter.

Certification

By executing below, Tenant certifies under penalty of perjury that the information in this Notice is true and correct and that Tenant is authorized under the Lease to deliver this Notice. Tenant requests Landlord to respond in writing to the address provided above.

Tenant Certification:

Tenant Printed Name:

By (Signature):

Date:

Landlord Printed Name:

By (Signature):

Date:

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What a Co-Tenancy Notice Form Is and When It Applies

A Co-Tenancy Notice Form is a formal written notification used in commercial leases to inform the landlord and other parties that a co-tenancy condition has occurred or failed to be satisfied. Typically used in retail and shopping-center leases, the form identifies the triggering event (for example, an anchor tenant closure), cites the lease clause at issue, states the date the condition occurred, and requests landlord response or contractual remedies. The notice creates a documented record of the tenant's position and starts any cure, remedy, or termination timelines that the lease requires.

Why Issuing a Clear Co-Tenancy Notice Matters

A properly drafted notice preserves contractual remedies, starts cure periods, and creates an evidentiary record for dispute resolution or termination. It reduces ambiguity about dates, parties, and claimed breaches and helps avoid waived rights or missed deadlines under the lease or applicable law.

Why Issuing a Clear Co-Tenancy Notice Matters

Primary Users and Recipients of a Co-Tenancy Notice

Typical users prepare or send the notice to assert rights, document events, and trigger lease remedies.

  • Retail tenants and property managers who rely on specified co-tenancy conditions to operate profitably and preserve rent concessions or termination rights.
  • Commercial landlords and leasing managers who must receive notice, investigate the claim, and rely on the timeline to cure or contest the assertion.
  • Legal counsel and leasing brokers who draft, review, and deliver the notice to ensure contractual language and remedies are accurately stated.

Notices should be addressed to the lease-specified recipient and served in the manner required by the lease to ensure enforceability.

Essential Sections to Include in a Professional Co-Tenancy Notice

A complete co-tenancy notice is more than a brief message; it organizes facts, contractual references, and requested relief so the recipient can respond within the lease timetable. Include precise references and a clear signature block.

Header

Document title and date, plus file reference or lease identifier to ensure the notice is tied to the correct lease and space.

Parties

Full legal names and mailing addresses of the tenant(s) giving notice and the landlord or property manager receiving notice.

Trigger Event

Concise description of the event that activates the co-tenancy clause, including dates, observed facts, and any supporting evidence.

Lease Citation

Exact lease section or exhibit that contains the co-tenancy provision; quote the operative language relied upon to avoid ambiguity.

Requested Remedy

Specify relief sought under the lease: cure, rent abatement, suspension, termination, or other remedies with supporting calculations if applicable.

Signature

Signature, printed name, title, and date for the authorized signatory, plus contact information for follow-up.

Data and Security Considerations for the Notice

Encryption: TLS 1.2/1.3 in transit
Data at Rest: AES-256 encryption
Audit Trail: Timestamped signing history
Compliance: ESIGN and UETA compliant
HIPAA Support: BAA available if required
Access Controls: Role-based permissions

Step-by-Step: How to Prepare and Serve the Notice

Follow these steps to ensure the notice is properly drafted, delivered, and recorded under the terms of the lease.

  • 01
    Identify Clause: Locate the co-tenancy clause and note exact lease language.
  • 02
    Document Facts: Record dates, photos, and witness details supporting the trigger.
  • 03
    Draft Notice: Cite lease provision, state the event, request remedy, and set cure deadline.
  • 04
    Deliver Per Lease: Serve notice using the lease-prescribed method and keep proof of delivery.

Customizing an Online Co-Tenancy Notice Workflow

Key workflow settings speed processing and ensure notices meet contractual delivery requirements when using an e-signature platform.

Field Configuration
Auto-Fill Parties Use template variables to insert lease names and addresses
Conditional Fields Show remedy fields only when certain triggers selected
Signature Order Require landlord signature after tenant signs
Authentication Enforce email plus SMS code for recipients

Where to Send or File a Co-Tenancy Notice

Delivery instructions typically come from the lease; ensure you follow them exactly and retain proof of transmission.

  • Lease-Listed Address: Send to postal or physical address specified in lease
  • Designated Agent: Deliver to property manager or managing agent if named
  • Email Delivery: Use the lease-specified email; include read-receipt where allowed
  • Platform Record: Store signed copy in your document management system

Digital Delivery and Signing Requirements

Verify the lease permits electronic notices and that your chosen platform captures an audit trail and proof of delivery.

  • Integrations: Salesforce, NetSuite, Google Workspace
  • File Formats: PDF, DOCX, HTML supported
  • Authentication: Email, SMS code, optional KBA

Use a platform that stores timestamps, IP addresses, and signed copies to preserve evidence of notice and acceptance by recipients.

Typical Timelines and Deadlines to Track

Co-tenancy notices usually trigger lease-defined notice and cure periods; track each deadline precisely and document delivery timestamps.

Notice Date:

Date the tenant serves the notice; starts the lease clock

Cure Deadline:

Lease-specified cure period, often 30–90 days

Landlord Response:

Time allowed for landlord to contest or correct

Effective Termination:

Date termination takes effect if cure not completed

Record Retention:

Keep all correspondence for the retention period

Key Milestones in the Notice Lifecycle

A milestone timeline helps coordinate evidence gathering, delivery, and follow-up actions required by the lease.

01

Event Occurrence

Date the co-tenancy condition first observed and documented

02

Serve Notice

Deliver the notice as required by lease

03

Cure Period Ends

Final date for landlord or third party to restore condition

04

Remedies Trigger

Tenant exercises rent abatement, suspension, or termination rights

Common Errors to Avoid When Preparing the Notice

  • Vague event descriptions that fail to reference lease language and measurable facts.
  • Delivering notice to an unlisted or incorrect address instead of the lease-specified recipient and method.
  • Missing or misstating the event date, which can shift or void cure periods and remedies.
  • Failing to attach supporting evidence such as photos, tenant logs, or vendor communications.

Potential Consequences of an Incorrect or Untimely Notice

Waived Rights: Loss of remedies
Breach Claim: Counterclaims or damages
Delayed Remedy: Extended business interruption
Forfeiture: Loss of termination option
Financial Exposure: Increased rent or penalties
Evidentiary Gaps: Weakened legal position

Representative eSignature Pricing and Feature Comparison

The table below summarizes starting prices and common feature availability to help compare eSignature vendors for serving and signing legal notices.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Trial available Trial available Trial available Trial available
Bulk Send Yes Yes Yes Yes Yes
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

How Organizations Use Co-Tenancy Notices in Practice

Real-world examples show the notice's role in preserving remedies, documenting events, and accelerating resolution with minimal disruption.

Martin Properties

Tim Martin's team moved notices online to centralize records and speed responses.

  • They used time-stamped, signed notices to enforce remedies.
  • "I can process and execute all of these documents online with 100% compliance and built-in security. Whether on mobile or working offline, I can get forms back to their necessary parties efficiently."

Optica Ventures LLC

Optica documented multiple anchor closures with photographic exhibits and certified delivery.

  • The landlord negotiated replacement anchors within cure period.
  • "The interface is simple and easy-to-use for our team; more importantly, it is just as easy for our customers."

Frequently Asked Questions About Co-Tenancy Notice Forms

Answers to common questions about triggers, delivery, digital signatures, and next steps after issuing a notice.


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