Tennessee 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.

The Tennessee Clause for Grossing Up the Tenant Proportionate Share is an important aspect of commercial leasing agreements in Tennessee. It involves the adjustment of a tenant's proportionate share of expenses in situations where the property is not fully occupied. One type of Tennessee Clause for Grossing Up the Tenant Proportionate Share is the "Gross-Up Provision." This provision allows the landlord to calculate the tenant's share of expenses as if the property were fully leased, even if it is not. This ensures that the tenant pays their fair share of expenses based on the property's maximum potential occupancy. Another type of Tennessee Clause for Grossing Up the Tenant Proportionate Share is the "Operating Expense Clause." This clause outlines the expenses that can be included in the gross-up calculation. Typically, these expenses may include property management fees, repairs and maintenance, insurance premiums, property taxes, and utilities. Furthermore, the "Base Year Provision" is another type of Tennessee Clause for Grossing Up the Tenant Proportionate Share. This provision establishes a base year during which the expenses are determined and used as a reference point for subsequent years. Any increase in expenses beyond the base year will be proportionately distributed among the tenants. The purpose of these Tennessee Clauses for Grossing Up the Tenant Proportionate Share is to ensure fairness in the allocation of expenses among tenants, regardless of the property's occupancy rate. By implementing a gross-up calculation, landlords can avoid burdening fully occupied tenants with a higher proportionate share of expenses due to vacancies. In conclusion, the Tennessee Clause for Grossing Up the Tenant Proportionate Share is an essential element of commercial leasing agreements in Tennessee. It encompasses various provisions, including the Gross-Up Provision, Operating Expense Clause, and Base Year Provision, all aimed at fairly allocating expenses among tenants. Implementing these clauses ensures transparency and balance in the financial obligations of both landlords and tenants in commercial real estate leases.

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FAQ

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.

Gross-ups are also practical for tenants. A prime example is a lease with a base year or expense stop. If a tenant negotiates a base year, then, in most cases, the tenant will pay its share each year of the operating expenses which exceed the base year's expenses.

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%.

It is a contract between a landlord and tenant, wherein the lessee, in exchange for the exclusive use of a piece of property, agrees to pay the lessor a fixed sum of money for a certain period of time that encompasses rent and all costs associated with ownership, such as taxes, insurance, and utilities.

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.

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.

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In other words, the lease allocates a certain amount to each tenant based on that tenant's proportionate share of the area within the building. Many ... 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.If the operating expenses were not “grossed up,” each tenant would have to pay its proportionate share of the $100,000 operating expenses, or $10,000 for each ... May 19, 2022 — Let's say a tenant moves into a new building that is only partially occupied, with a lease that doesn't contain a gross-up clause. Sep 26, 2019 — The tenants have agreed to pay their proportionate share of the CAM expenses, and the lease should reflect just that—in our simple example ... Jan 23, 2020 — As more tenants move in and the annual bill gets higher, a gross-up clause in your lease says that the $300,000 base year expense represents ... May 4, 2020 — Without a gross-up provision, each tenant would pay fees of $12,500 made up of $10,000 fixed and $2,500 variable based on their 5% share. In ... Jul 25, 2017 — Tenant's “Proportionate Share,” as used herein, shall be determined by multiplying the total amount of the expenses in question by a fraction, ... Discover how the Gross Up Provision in a commercial lease is designed to protect landlords and remain fair to tenants, how it's calculated, and more. Aug 9, 2023 — In triple net office leases, tenants are required to reimburse landlords for a portion of the building's overall operating expenses.

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Tennessee Clause for Grossing Up the Tenant Proportionate Share