This office lease form is a clause that describes all costs, expenses and disbursements incurred and paid by the landlord to its agents or contractors. This form also lists the operating expenses that are included and excluded from this clause.
Montana Adjustments of Rent Complex Operating Expense Escalations Clause
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US-OL19036
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How to fill out Adjustments Of Rent Complex Operating Expense Escalations Clause?
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A mechanism in a Full Service Gross Lease, the Expense Stop is a fixed amount of operating expense above which the tenant is responsible to pay. Thus, the landlord is responsible to pay for all operating expenses below the Expense Stop, while the tenant is responsible for any amount above the Expense Stop.
An expense stop is the maximum amount a landlord will spend on operating expenses. Any amount above the expensive stop becomes the tenant's responsibility.
Suppose that a tenant signs a lease in an office building for 5,000 square feet of space. The base rental amount is $10 per square foot. In year one of the lease, the landlord pays for all of the building operating expenses and the total comes out to $10,000. This is the base year expense stop amount.
In a full service gross lease, the tenant pays a base rental rate, and landlord is typically responsible for paying any additional expenses (such as CAM fees), except for those that go above a specific amount, called an expense stop.
For example, if the base year operating expenses are $5.00 per square foot and during the subsequent year, building operating expenses increase by 3 percent, the result is a $0.15 per square foot increase (5.00 x 103%=5.15). For a 3,500 square-foot lease, this would amount to an escalation payment of $525.00.
Fixed percentage escalation clauses. These are generally base rent increases fixed by a percentage and are year-to-year. Thus, as an example, a fixed escalation clause might set the increase at 3% per year over the lease term, compounded.
Essentially, the Base Year amount is synonymous with the Expense Stop amount, which is the actual amount of money that comprises the property taxes, insurance and operating expenses. Just like the Base Year amount, the tenant is responsible to pay any increase in those expenses above the Expense Stop amount.
Escalations Based on Rent Rent will increase a set dollar amount for every year of the lease. For example, if rent costs $25 PSF in year one of the lease with a $1 annual increase, it would jump to $26 PSF in year two and $27 PSF in year three.