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Landlord & Tenant “Re-Leasing Costs.”

A main issue affecting both the landlord and tenant in the commercial property sector is the issue of “Re-Leasing Costs”. From the landlord`s point of view, this includes the vacancy period and possible costs to undertake between the period of a lease termination up until a new tenancy agreement is signed with a new tenant. From the tenant`s perspective, this includes re-location costs of moving which affects both business operations and actual costs of moving. “Long-Term Leases” can help avoid these issues although rent expectations need to be considered in long-term agreements, both from the landlord`s and tenant`s side. Tenants will usually try to persuade the landlord of low absorption in the market, high availability of similar space and future security of rental payment (i.e. risk to the owner). Landlords will try to persuade tenants of high absorption, minimal supply of similar space and increase in rents and costs to move a business. In any case, both Landlords and Tenants need to consider various factors before entering into a long-term lease.

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Property Lease Types

Gross Lease: Rent is all-inclusive. Tenant pays a flat amount with the landlord paying all expenses associated with the property (taxes, insurance, utilities, maintenance etc.).

Net Lease: Landlord usually charges a lower `base rent` and tenant pays for the operating expenses. In a Triple Net Lease (or NNN) the tenant will pay the rent and some or all of the property expenses that normally would be paid by the property owner (i.e. operating expenses as well as utilities, taxes, property insurance, maintenance etc.). Landlord therefore receives the rent “net” after the expenses which are passed through to tenants are paid.

Hybrid Lease: Leases which fall somewhere in between a Gross Lease & a Net Lease are considered Hybrid Leases. Landlord and Tenant share the operating expenses according to their contract/agreement. Usually, this is agreed based on charges that can be allocated to a tenant separately and the charges which cannot be allocated separately may be paid by the landlord. The parties may further agree to an “expense stop” approach where tenant may agree to be charged for the extra cost of operating expenses when these are over and above a specified amount.