Rhode Island Clause for Grossing Up the Tenant Proportionate Share

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Multi-State
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US-OL709
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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.

Rhode Island Clause for Grossing Up the Tenant Proportionate Share The Rhode Island Clause for Grossing Up the Tenant Proportionate Share is a provision commonly found in commercial lease agreements to allocate the expenses of operating and maintaining common areas in a commercial building among tenants. This clause ensures that tenants pay their fair share of the overall operating costs, based on the size of their leased space. In Rhode Island, there are several variations of the Clause for Grossing Up the Tenant Proportionate Share, each with specific considerations and requirements. Here are the main types: 1. Basic Rhode Island Clause for Grossing Up: This type of clause typically outlines the method for calculating the gross-up amount for each tenant's proportionate share of expenses. The formula may include factors such as the tenant's square footage compared to the total square footage of the building. 2. Expense Reimbursement Rhode Island Clause: This variation allows the landlord to recover the expenses incurred for operating and maintaining common areas, including utilities, maintenance, repairs, and insurance, in addition to a management fee. The clause may specify the expense categories eligible for reimbursement. 3. Variable Rhode Island Clause for Grossing Up: This clause is used when the expenses fluctuate over time due to factors like inflation or changes in the overall utility rates. It allows the landlord to adjust the tenant's proportionate share accordingly, ensuring a fair distribution of costs. 4. Pass-through Rhode Island Clause: In this type of clause, the landlord passes through expenses directly to the tenant, without a gross-up calculation. The tenant is responsible for paying their proportionate share of operating expenses directly to the respective service provider or reimbursing the landlord for expenses paid on their behalf. 5. Operating Expense Rhode Island Clause: This variation includes detailed provisions on the types of expenses included as part of the tenant's proportionate share. It may specify excluded expenses, such as capital expenses or expenses related to large-scale renovations. The Rhode Island Clause for Grossing Up the Tenant Proportionate Share is crucial in ensuring a fair allocation of operating expenses and avoiding disputes between landlords and tenants. When negotiating a commercial lease agreement in Rhode Island, it is essential to carefully review the specific type of clause included to understand the financial obligations and responsibilities regarding shared expenses.

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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%.

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.

Tenant's Share of Expenses means the product obtained by multiplying the sum of the amount of Operating Expenses plus the amount of the Property Taxes, in each case due and payable during the period in question, by the Tenant's Share of Expenses Percentage.

Many commercial leases include provisions allowing landlords to ?gross-up? operating expenses. This means that if the building is not fully occupied, the landlord can bill the expenses to the tenants as if the building is fully occupied.

Many commercial leases, especially office leases, include a provision that allows landlords to ?gross up? operating expenses. That is, if the building is not fully occupied, the landlord is empowered to gross up or overstate the expenses as if the building is fully occupied (or nearly full).

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.

Proportionate Share of Operating Expenses means a fraction equal to the total Gross Rentable Area of the Premises divided by the total Gross Rentable Area of the Building.

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.

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.

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.

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How to fill out Clause For Grossing Up The Tenant Proportionate Share? When it comes to drafting a legal document, it's better to leave it to the professionals. Apr 12, 2019 — “Tenant's proportionate share means an amount determined by multiplying operating costs for the fiscal year by a fraction having as its ...The Landlord shall furnish to the Tenant an estimate of the Proportionate Share of Taxes payable by the Tenant during the period so determined by the Landlord. (a) Tenant shall have, as appurtenant to the Premises, the nonexclusive right to use Tenant's Proportionate Share of the Shared Building Area. (b) Tenant ... If the rent is not paid after the five days, the landlord goes to the local district court clerk's office (or has an attorney do so) to request and fill out the ... Feb 29, 2016 — Some leases are written to allow the landlord to recalculate the tenant's Pro Rata Share from year-to-year based upon building re-measurements. Step 2 – Fill in Landlord and Tenant Information ... If not, state the monthly amount the tenant must pay for a proportionate share of the operating expenses. [WRITE WHAT THE TENANT(S) WILL USE THE PROPERTY FOR]. The above-mentioned ... It is the intention of the Parties that this Lease be considered a “Gross Lease ... Adhere to this simple guideline redact Clause for Grossing Up the Tenant Proportionate Share in PDF format online free of charge: ... Complete this form in 5 ... Aug 28, 2018 — A: You must: • Register with the Rhode Island Division of Taxation;. • Pay the annual $10 sales tax permit fee; and. • Collect and remit the ...

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Rhode Island Clause for Grossing Up the Tenant Proportionate Share