This office lease clause states the conditions under which the landlord can and can not furnish any particular item(s) of work or service which would constitute an expense to portions of the Building during the comparative year.
Arizona Clause for Grossing Up the Tenant Proportionate Share
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FAQ
Grossing Up is a process for calculating a tenant's share of a building's variable operating expenses, where the expenses are increased for expense recovery purposes, or Grossed Up, to what they would be if the building's occupancy remained at a specific level, typically 95%- 100%.
Since the tenant's agreement is tied to the property, they have the right to stay there after the property is sold. If no arrangements are made for the lease to terminate legally, the new landlord must honor the lease until it expires. If the new landlord wants the tenant out, they can form a "cash for keys" agreement.
Arizona is landlord-friendly because tenants cannot withhold rent for any reason. If a tenant in Arizona fails to pay rent, their landlord may deliver a five-day notice to pay or move out. If the tenant does not pay the landlord within five days, then the landlord can file an eviction lawsuit against the tenant.
Stated simply, the concept of ?gross up? is that, when calculating a tenant's share of operating expenses for an office building that is less than fully occupied, the landlord first increases - or "grosses up" - those operating expenses that vary with occupancy (e.g., utilities, janitorial service, etc.) to the amount ...
In addition to renting the space in which their occupying, tenants also pay for a portion of the common areas that they use. Gross-up can include hallways, washrooms, lobby, amenities such as gyms, common showers, bike lock up, etc. Usable area is space a tenant occupies, what they can ?use?.
To deal with operating expenses when a building is not at full occupancy, a landlord can incorporate a ?gross-up? provision in the lease. This allows the landlord to estimate the variable operating expenses as if the building were at 95%-100% occupancy.
Correctly drafted, a gross up provision relates only to Operating Expenses that ?vary with occupancy??so called ?variable? expenses. Variable expenses are those expenses that will go up or down depending on the number of tenants in the Building, such as utilities, trash removal, management fees and janitorial services.
Simply stated, the concept of ?gross up provision? stipulates that if a building has significant vacancy, the landlord can estimate what the variable operating expense would have been had the building been fully occupied, and charge the tenants their pro-rata share of that cost.
