Introduction to Commercial Leases, Part 1 It is an article in several parts which will focus on commercial leases.
Negotiation of commercial lease is often not for the faint of heart. In this spirit, we will try to shed light on various aspects of commercial leasing. In this article we will examine topics including: terms, clauses, negotiating and requirements for these types of leases.
There are many aspects of a commercial lease for the layman or inexperienced, often confusing, and when read aloud sounds like "blur-blur-warble-goo-goo-be?"
Understand the terms used in commercial leases and the position of those who hold the lease will help in negotiating the lease. If you're not an experienced negotiator and real estate business, it is suggested that you contact a professional commercial real estate agent and / or legal advisor before entering into a lease commercial real estate.
Let's start with a few basic concepts ...
There are always two parties involved in a lease: The tenant and landlord. While the owner may be represented by a management company or a law firm that establishes the lease, tenants are often self-represented.
Each side of a lease for purposes of obtaining leased premises:
objectives of a tenant may include:
- Obtaining a lease with a rent payment due
- Maximizing their exposure to consumers
- calculable operating costs and should
- Ability to develop for future needs and growth
The owner has other objectives that may differ include:
- Obtaining and maintaining high quality tenants
- Maximize the return on their investment
- Protect their property through investment risk shifting
- And the opportunity to repossess the property should the tenant default
Although the two sides of a lease have different objectives, there are commonalities. Items such as:
- The establishment of a clearly written contract, binding
- Protection of financial investment from both sides will be / have been
- And the opportunity for both parties to be profitable
Types of leases
There are many types of leases that are used in the rental of commercial property. Let us examine some common types of leases such as:
· Gross rental - This type of lease is where the owner will pay all costs associated with operating and maintaining the property. The tenant pays the landlord a fixed amount or gross rent. From the rent, the landlord will pay the operating expenses (property taxes, insurance, maintenance, utilities, janitorial and security costs) for the property.
· Net Lease - In this type of lease, the tenant pays all or part of operating costs as expressed in the lease crude. This type of lease gives the owner the opportunity to spend as much responsibility for operating expenses for tenants as possible. This type of lease varies by location and the local market as well as negotiation and bargaining capacity of both parties (landlord and tenant).
- Absolute net lease - This type of lease requires the tenant pays all operating expenses related to operations and maintenance of the property.
- Percentage lease - a lease of property where the amount of rent is based on a percentage of the volume of sales made by the tenant (the tenant). Usually, this type of lease sets a minimum or base rent plus a commission on sales volume and is regularly used for retailers
Considering the complexity of t. different
Posted on October 9, 2010.