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Fuel and Utility Cost Escalations

“For the purposes of this Article only, the following words and terms shall have the following meanings: “Fuel Cost” shall mean Landlord’s cost for all fuel (including but not limited…

Gross Up of Operating Expenses: Base Year and Any Calendar Year (Pro-Landlord)

“If the Building is not at least ninety-five percent (95%) occupied, in the aggregate, during any calendar year of the Lease Term or if Landlord is not supplying services to…

Gross Up of Operating Expenses: Base Year (Pro-Tenant)

“If the Building is not at least ninety-five percent (95%) occupied, in the aggregate, during the Base Year or if Landlord is not supplying services to at least ninety-five percent…

Operating Expense Definition Exclusions

The following items shall be excluded from the operating expense definition: Costs which are directly reimbursable to landlord by other tenants; Costs of the initial construction of the building or…

Operating Expense Escalations and Percentage Rent Increases in a Commercial Lease

Master Your Leasing Domain Operating Expense Escalations and Percentage Rent Increases in a Commercial Lease Previous ChapterTable of ContentsNext Chapter In many leases, in addition to a real estate tax…

Percentage Rent in a Commercial Lease

Master Your Leasing Domain Percentage Rent in a Commercial Lease Previous ChapterTable of ContentsNext Chapter When it comes to a landlord sharing in the profits of a tenant in a…

Operating Expense Escalations and Percentage Rent Increases in a Commercial Lease

Introduction: In many leases, in addition to a real estate tax escalation, among the more popular (or unpopular, depending on your perspective) rent escalation provisions are those which require the…

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Base Rent: Base Rent is the minimum or base amount of rent payment as set out in a lease and is often referred to as “fixed rent.” Generally stated, base…

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Capitalization Rate (a.k.a. “Cap Rate”): The rate of return on a real estate investment property based upon the income that the property is expected to produce. A capitalization rate can…

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Early Access: A provision in a lease allowing the tenant access to the space prior to receiving possession, without the payment of rent, during the latter part of landlord’s construction in…

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Façade: An exterior side of a building that is usually characterized as the front of the building. From an engineering perspective, the façade may have a significant impact on energy efficiency…

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Occupancy Rate: The percentage of space in a building that is occupied in relation to all leasable space in such building. Operating Expense Escalation (Clause) | Operating Cost Escalation |…

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Partial Lien Waiver: A document executed by a contractor or subcontractor notifying not only the party making payment to the contractor or subcontractor but also to the property owner, bank,…

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Real Estate Tax (Escalations): Provision in lease agreements where tenant agrees to pay its pro-rata share of any increase in real estate taxes on the leased property over and above a…

Leasing REality’s Top 100+ Leasing Intervention™ Tips

Includes 100+ Commercial Leasing Topics Leasing REality’s Top 100+ Leasing Intervention™ Tips Download SlidesMore Slides

Real Estate Tax Escalations

Master Your Leasing Domain Real Estate Tax Escalations Previous ChapterTable of ContentsNext Chapter Somewhat analogous to the line by comedian Tracy Morgan where he said “I got five kids –…

Operating Expense Escalations & Percentage Rent Increases: Negotiating and Preparing a Letter of Intent (“LOI”) (Part 8)

Part 8 Operating Expense Escalations & Percentage Rent Increases: Negotiating and Preparing a Letter of Intent (“LOI”) Previous ChapterTable of ContentsNext Chapter In many leases, in addition to a real…

Real Estate Tax Escalations: Negotiating and Preparing a Letter of Intent (“LOI”) (Part 9)

Part 9 Real Estate Tax Escalations: Negotiating and Preparing a Letter of Intent (“LOI”) Previous ChapterTable of ContentsNext Chapter Somewhat analogous to the line by comedian Tracy Morgan where he…

Percentage Rent in a Retail Lease

Percentage Rent | 10:15 Table of Contents

Operating Expense Escalations & Percentage Rent Increases in a Commercial Lease (Part 1)

(Part 1 of 4) | 8:55 Table of Contents

Operating Expense Escalations & Percentage Rent Increases within a Letter of Intent (“LOI”)

In many leases, in addition to a real estate tax escalation, among the more popular (or unpopular, depending on your perspective) rent escalation provisions are those which require the tenant…

Defining Operating Expenses

Typically, at their most basic level, operating expenses of a building include those attributable to: Ownership, management, maintenance and operating expenses Insurance premiums and deductibles Wages, salaries and benefits of…

Operating Expense Definitional Carve-Outs and Limitations

Landlord Advocates: A landlord’s operating expense definition should contain as much as possible -including the kitchen sink. With that said, Leasing REality strongly suggests that landlords add, immediately after their…

Establishing Tenant’s Pro-Rata Share of Tax Increases

When negotiating a myriad of pro-tenant carve-outs to a real estate tax escalation clause, tenant advocates should consider being selective when doing so. Never give a landlord or anyone for…

Miscellaneous Real Estate Tax Clause Tips

Business Improvement District Charges: As a straight pass-through, landlords should attempt to pass any business improvement district (“BID”) charges on to their tenant based on their proportion share of same.…

Operating Expense Escalations and Percentage Rent Increases in a Commercial Lease (Part 2)

(Part 2 of 4) | 7:50 Table of Contents

Operating Expense Escalations & Percentage Rent Increases in a Commercial Lease (Part 3)

(Part 3 of 4) | 10:19 Table of Contents

Operating Expense Escalations & Percentage Rent Increases in a Commercial Lease (Part 4)

(Part 4 of 4) | 4:01 Table of Contents

Percentage Rent in a Commercial Lease

Operating Expense Escalations & Percentage Rent Increases in a Commercial Lease (Part 1)

Operating Expense Escalations & Percentage Rent Increases in a Commercial Lease (Part 2)

Operating Expense Escalations & Percentage Rent Increases in a Commercial Lease (Part 3)

Operating Expense Escalations & Percentage Rent Increases in a Commercial Lease (Part 4)

Operating Expense Escalations & Percentage Rent Increases: Negotiating and Preparing a Letter of Intent (“LOI”) (Part 8A)

Operating Expense Escalations & Percentage Rent Increases: Negotiating and Preparing a Letter of Intent (“LOI”) (Part 8B)

Real Estate Tax Escalations: Negotiating and Preparing a Letter of Intent (“LOI”) (Part 9A)

Real Estate Tax Escalations: Negotiating and Preparing a Letter of Intent (“LOI”) (Part 9B)

Operating Expense Escalations & Percentage Rent Increases: Negotiating and Preparing a Letter of Intent (“LOI”) (Part 8A)

(Part 8A of 24) | 10:20 Table of Contents

Operating Expense Escalations & Percentage Rent Increases: Negotiating and Preparing a Letter of Intent (“LOI”) (Part 8B)

(Part 8B of 24) | 8:04 Table of Contents

Real Estate Tax Escalations: Negotiating and Preparing a Letter of Intent (“LOI”) (Part 9A)

(Part 9A of 24) | 5:56 Table of Contents

Real Estate Tax Escalations: Negotiating and Preparing a Letter of Intent (“LOI”) (Part 9B)

(Part 9B of 24) | 11:29 Table of Contents

Search Results for :

Fuel and Utility Cost Escalations

Gross Up of Operating Expenses: Base Year and Any Calendar Year (Pro-Landlord)

Gross Up of Operating Expenses: Base Year (Pro-Tenant)

Operating Expense Definition Exclusions

Operating Expense Escalations and Percentage Rent Increases in a Commercial Lease

Percentage Rent in a Commercial Lease

Operating Expense Escalations and Percentage Rent Increases in a Commercial Lease

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Leasing REality’s Top 100+ Leasing Intervention™ Tips

Real Estate Tax Escalations

Operating Expense Escalations & Percentage Rent Increases: Negotiating and Preparing a Letter of Intent (“LOI”) (Part 8)

Real Estate Tax Escalations: Negotiating and Preparing a Letter of Intent (“LOI”) (Part 9)

Percentage Rent in a Retail Lease

Operating Expense Escalations & Percentage Rent Increases in a Commercial Lease (Part 1)

Operating Expense Escalations & Percentage Rent Increases within a Letter of Intent (“LOI”)

Defining Operating Expenses

Operating Expense Definitional Carve-Outs and Limitations

Establishing Tenant’s Pro-Rata Share of Tax Increases

Miscellaneous Real Estate Tax Clause Tips

Operating Expense Escalations and Percentage Rent Increases in a Commercial Lease (Part 2)

Operating Expense Escalations & Percentage Rent Increases in a Commercial Lease (Part 3)

Operating Expense Escalations & Percentage Rent Increases in a Commercial Lease (Part 4)

Percentage Rent in a Commercial Lease

Operating Expense Escalations & Percentage Rent Increases in a Commercial Lease (Part 1)

Operating Expense Escalations & Percentage Rent Increases in a Commercial Lease (Part 2)

Operating Expense Escalations & Percentage Rent Increases in a Commercial Lease (Part 3)

Operating Expense Escalations & Percentage Rent Increases in a Commercial Lease (Part 4)

Operating Expense Escalations & Percentage Rent Increases: Negotiating and Preparing a Letter of Intent (“LOI”) (Part 8A)

Operating Expense Escalations & Percentage Rent Increases: Negotiating and Preparing a Letter of Intent (“LOI”) (Part 8B)

Real Estate Tax Escalations: Negotiating and Preparing a Letter of Intent (“LOI”) (Part 9A)

Real Estate Tax Escalations: Negotiating and Preparing a Letter of Intent (“LOI”) (Part 9B)

Operating Expense Escalations & Percentage Rent Increases: Negotiating and Preparing a Letter of Intent (“LOI”) (Part 8A)

Operating Expense Escalations & Percentage Rent Increases: Negotiating and Preparing a Letter of Intent (“LOI”) (Part 8B)

Real Estate Tax Escalations: Negotiating and Preparing a Letter of Intent (“LOI”) (Part 9A)

Real Estate Tax Escalations: Negotiating and Preparing a Letter of Intent (“LOI”) (Part 9B)