The Suffolk New York Gross Up Clause refers to a specific provision often included in base year leases to determine the fair allocation of utility expenses between the landlord and the tenant. This clause is primarily utilized in commercial real estate leases to ensure a fair and transparent distribution of costs. In Suffolk County, New York, different variations of the Gross Up Clause may be used based on specific lease agreements. The most common types include: 1. Direct Expense Gross Up: This type of gross up clause allows the landlord to measure the actual operating expenses incurred during the base year and adjust them to determine a fair portion of utility expenses to be passed onto the tenant. 2. Market Expense Gross Up: With this approach, the landlord compares the operating expenses of the property during the base year to the expenses of similar properties in the market. The tenant's share of utility costs is then determined based on this comparative analysis. 3. Pro Rata Gross Up: In this scenario, the landlord calculates the total utility expenses incurred during the base year and proportionately distributes them among all tenants in the property. Each tenant is then responsible for paying their allocated share of the utility costs. 4. Expense Stop Gross Up: This type of gross up clause includes an expense cap or "stop" that limits the tenant's liability for utility costs. If the expenses exceed this predetermined limit, the excess costs are either borne by the landlord or allocated among the tenants according to their lease terms. It's important to note that the specific type of gross up clause used in a base year lease may vary depending on the negotiation between the landlord and tenant. The goal is to establish a fair agreement that considers the size of the space leased, the type of property, and the tenant's usage patterns. In Suffolk County, New York, the inclusion of a well-defined and appropriate Gross Up Clause ensures transparency and avoids potential disputes over utility expenses during the lease term.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.