SUBJECT AREA - LEASING VARIABLES
Lease Terms Defined
What follows is a short overview of typical lease clauses you will encounter as you review your first lease document. This list is not intended to replace your need for a qualified Real Estate Attorney but to help you understand the terminology of the lease.
If you encounter specific provisions that you would like Premier Retail Support to define or explain, please contact us and we will add it to our running list of lease terms.
If you encounter specific provisions that you would like Premier Retail Support to define or explain, please contact us and we will add it to our running list of lease terms.
"ADA Requirements
(Americans with Disability Act)"
Businesses are required to ensure their location is accessible to disabled persons. Expenses incurred to comply with the ADA are frequently borne by the Tenant unless negotiated.
Alterations
Changes made within your leased premises.
As-Is
Describes how the Tenant’s space will be turned over after the lease is executed.
Assignment
Circumstances that would allow you to lease or not to lease your space to another Tenant.
Attorney Fees
Agreement as to who pays the Attorney's fees if a disagreement ends in court.
Attornment
To agree to be tenant to a new owner or Landlord of the same property.
Breakpoint
Dollar figure used to reflect when additional rent will be paid to Landlord.
CAM (Common Area Maintenance)
Expenses incurred by the Landlord to maintain the buildings common areas, including but not limited to, lobbies, hallways, parking lots, lighting expenses and requirements, security, advertising, etc
Condemnation
Condemnation refers to the legal acquisition of property by a local government or other private entities.
CPI (Consumer Price Index)
An index used to escalate rent or prorata charges to keep up with inflation. A negotiated clause with CPI is sometimes used and sometimes negotiated out of the lease form.
Cotenancy
Tenants rights when a specified anchor or tenant vacates the shopping center property.
Defaults
Circumstances when Tenant or Landlord does not fulfill the respective responsibility per lease.
Demised Premises
Area being leased. Typically measured as follows: Outside of front wall to outside of back wall equals the depth of space number. Middle of the left wall to middle of the right wall equals width number. Multiply these two numbers together for total square footage. Interior measurements do not reflect the demised premises. If free-standing or “end cap” (end tenant in a row of tenants) width of space will include the entire width of outside wall thickness.
Deposit
Up-front money required by Landlord.
End Cap
End tenant in a row of tenants.
End of Term
The date you will no longer be entitled to lease the space (unless an option is exercised).
Estoppels
Explains a tenants duty to provide a signed document that compiles with the lease terms.
Exclusive
Tenants rights to be the only tenant within a shopping center to sell a certain type of item or items.
Grandfather Clause
Landlord or tenant allowed to keep or maintain something that does not conform to current codes or standards. (Example: oversized sign)
Gross Lease
Tenant pays a fixed amount per square footage and Landlord operating expenses (CAM, taxes, insurance) combined.
Holdover
Remain in space after the end of term expires without negotiating or signing a lease extension.
Hours of Operations
Required hours to be opened based on day of week.
HVAC
Heating, ventilating and air conditioning.
Insurance
An insurance bill for the building the Landlord owns. Will pass on the prorata share of this expense to Tenant according to the size of the leased space.
Lease Gross
Tenant pays a fixed amount per square footage.
Lease Net
Tenant pays a fixed amount per square footage and Landlord operating expenses (CAM, taxes, insurance) not included.
Lease Plan
Lease exhibit which shows the entire shopping center with all tenants and their respective labeled spaces.
Lease Triple Net
CAM, Taxes, Insurance expenses explained separately.
Length of Term
Number of months or years in primary term of lease.
Lessee
Tenant.
Lessor
Landlord.
Letter of Intent
List of basic components (economic and legal) of a deal which Landlord and tenant execute to confirm their understand and agreement of initial terms. Basis for the lease draft.
Non-disturbance
Landlord’s lender forecloses on a loan which is secured by the building housing your leased premise.
OND (Option Notification Date)
A deadline in the lease to notify the Landlord that the Tenant intends to stay in your space for the next negotiated period of time.
Options
A provision that covers your rights to extend the lease past the current end of term. A specific date is noted as a deadline to exercise this option. The deadline is commonly referred to a an option notification deadline.
Percentage Rent
An agreed upon sales number when reached by tenant within a specific period of time will be paid to the Landlord. An additional amount of rent based on percentage.
Premises
Leased space. May include square footage.
Prorata Charges
Combination of taxes, insurance and CAM (Common Area Maintenance)
Pylon Sign
A sign that lists tenants of particular shopping center. Usually located at entrance to shopping center.
Relocation Clauses
Negotiated clause based on the Landlord’s request for relocation of your business.
Remedies
Circumstances when tenant or Landlord does not fulfill the respective responsibility per lease.
Rent
Amount paying for rented space.
Rent Commencement Date
Date rent payments start for leased space.
Repairs
Changes made within your leased premises.
Security Deposit
Up-front money required by Landlord paid by Tenant.
Signage
Allowance of installation of business signs. (Size, Location, etc) May include additional fees to be paid to the Landlord.
Subletting
Circumstances that would allow you to lease or not to lease your space to another tenant
Subordination
Landlord’s lender forecloses on a loan, which is secured by the building, housing your leased premise.
Taxes
Tax bill from Landlord based on the size of space being leased.
Term
Length of time for leased space.
Triple Net Charges
Combination of taxes, insurance and CAM (Common Area Maintenance)
Turnover
Lease fully executed and the Landlord has completed his required improvements to leased space. Then "Turnover" takes place.
Use
What is permitted to be sold or activity within leased premises.
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