Franklin Ohio Clause for Grossing Up the Tenant Proportionate Share refers to a specific provision commonly included in commercial lease agreements in the Franklin, Ohio area. This clause outlines the method for determining and adjusting the tenant's share of operating expenses in a commercial property. In the context of commercial leases, tenants are generally responsible for contributing to the property's operating expenses, which may include common area maintenance (CAM) charges, property taxes, insurance, and utilities. The proportionate share is the tenant's assigned percentage of these expenses, which is typically based on the leased square footage relative to the total leasable area. The Franklin Ohio Clause for Grossing Up the Tenant Proportionate Share is designed to ensure that tenants are paying their fair share of operating expenses, taking into account any potential variations in the occupancy levels of the building throughout the lease term. This clause allows the landlord to "gross up" the tenant's proportionate share, meaning that they can adjust the expenses based on a hypothetical level of occupancy equivalent to fully leased premises. There are different types of clauses that may fall under the Franklin Ohio Clause for Grossing Up the Tenant Proportionate Share, including: 1. Full Occupancy Clause: This type of clause assumes that all the premises in the building are fully leased, even if this is not the case. It permits the landlord to calculate expenses as if the property were fully occupied, which can result in a higher proportionate share for the tenant. 2. Expense Stop Clause: This clause sets a threshold or cap on operating expenses, beyond which the landlord cannot charge the tenant. For example, the landlord may specify that the tenant's proportionate share will not increase if the operating expenses exceed a specified amount. 3. "In-Place" Method Clause: This clause considers the actual occupancy or leased area at a given time to determine the tenant's proportionate share of expenses. It does not gross up the expenses based on a hypothetical full occupancy scenario. The inclusion of a Franklin Ohio Clause for Grossing Up the Tenant Proportionate Share in a lease agreement can have significant financial implications for both the landlord and the tenant. It is crucial for both parties to fully understand the terms and conditions outlined in this clause, including any specific calculations and methods used to determine the tenant's share of operating expenses. Seeking legal advice is recommended to ensure clarity and fairness in the lease agreement.
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.