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.
Florida Clause for Grossing Up the Tenant Proportionate Share
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FAQ
2. Breaking a Lease to Sell the Property. Landlords are generally allowed to sell their property without a tenant's permission, and they can choose if the tenants need to move out or transfer the lease to the new property owner.
Generally, the landlord owns the home and can sell the property any time he/she wants to. The counter right is that that the tenant will have the right to live in the property if there is a new owner ? for as long as the lease is active.
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.
LANDLORDS CANNOT JUST THROW YOU OUT. Florida law prohibits landlords from evicting tenants without going through the court system (self-help evictions). Your landlord can't evict you without a judge's order. And if the sheriff shows up to evict you, he also must have a court order.
So, what is a gross-up provision? 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.
A Florida landlord can terminate without cause a month-to-month tenancy by giving the tenant a written notice at least 15 days before the end of the monthly period. The notice must inform the tenant that the tenancy will end in 15 days and that the tenant must move out of the rental unit by that time.
In Florida, as in many other states, when a rental property is sold, the new owner generally takes the property subject to any existing leases.
Also known as tenant's pro rata share. The portion of a building occupied by the tenant expressed as a percentage. When a tenant is responsible for paying its proportionate share of the landlord's costs for the building, such as operating expenses and real estate taxes, the tenant pays this amount over a base year.
