North Carolina Option to Renew that Updates the Tenant Operating Expense and Tax Basis

State:
Multi-State
Control #:
US-OL2402
Format:
Word; 
PDF
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Description

This office lease form is regarding the renewal or other extension of the lease as it relates to the "Base Year Taxes" and the "Base Year for Operating Expenses".

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FAQ

Controllable Operating Costs means the actual Operating Costs except for removal of snow and ice, electricity and other utilities, water and sewage charges, insurance premiums, and real estate taxes and assessments.

Controllable costs are considered when the decision of taking on the cost is made by one individual. Common examples of controllable costs are office supplies, advertising expenses, employee bonuses, and charitable donations. Controllable costs are categorized as short-term costs as they can be adjusted quickly.

For example, the original tenant might have put holes in the wall to make a new passageway or undertaken other major work on the property. At the end of the lease, the new tenant must fix those issues and return the property to the condition that it was in at the start of the lease.

Examples of valid operating costs include property taxes, property insurance, maintenance, utilities, landscaping (which includes snow removal) and garbage collection. Valid operating costs will benefit all of the tenants in a commercial property?not just one or two.

An option to renew or extend the lease means that upon the tenant's exercise of the option (choice), the provisions of the agreed-upon option are adopted for another defined term. The terms of the option can include the length of the new term, a change in rent, and other modifications.

Controllable Operating Expenses means all items of Operating Expenses which are within the reasonable control of Landlord; thus, excluding Real Property Taxes, insurance, utilities, and other costs beyond the reasonable control of Landlord.

Controllable expenses are line items that the property owner can directly control. These could be things like the cost of property management, landscaping, lighting, and parking lot striping. The owner negotiates the expense for each of these items and passes it through to the tenants.

A renewal option allows for a lease to apply to a specified time period, but the lease can be extended for another term if agreed upon by the participating parties. Renewal options may have specifications or conditions, such as when the lessee must let the landlord know if they will be renewing.

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North Carolina Option to Renew that Updates the Tenant Operating Expense and Tax Basis