Wisconsin 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 Wisconsin Clause for Grossing Up the Tenant Proportionate Share is a legal provision commonly found in commercial lease agreements. It serves to ensure that tenants pay their fair share of expenses related to the maintenance, operation, and taxation of a property. The clause typically calculates and adjusts the tenant's proportionate share of expenses in a manner that reflects the leased space's fair market value. This is achieved through a "grossing up" process which accounts for any vacancies or incomplete areas within the property. The Wisconsin Clause for Grossing Up the Tenant Proportionate Share can be further categorized into different types based on the specific methodology used to calculate the tenant's share of expenses. These types include: 1. Direct Expense Clause: This type of clause considers only the tenant's proportionate share of direct expenses, such as utilities, repairs, and maintenance related to the leased space. Indirect expenses, such as overall building maintenance or insurance, are excluded from the calculation. 2. Base Year Expense Clause: In this type of clause, the tenant's proportionate share is calculated based on a specified base year. The base year is typically the first full year of the lease, during which the actual expenses incurred by the landlord are determined. The tenant's share is then adjusted in subsequent years based on any increase or decrease in expenses compared to the base year. 3. Expense Stop Clause: This type of clause sets a predetermined limit or cap on the expenses for which the tenant is responsible. Once the expenses exceed the specified stop amount, the additional costs are borne solely by the landlord. This provides a sense of cost certainty for tenants while ensuring the landlord doesn't bear the burden of excessive expenses. 4. Pro Rata Sharing Clause: This type of clause allocates expenses among tenants based on their respective leased areas as a percentage of the total leasable space in the building. Each tenant pays their share proportional to the size of their rented space. It's important for both landlords and tenants to understand the specific terms and implications of the Wisconsin Clause for Grossing Up the Tenant Proportionate Share within a commercial lease agreement. Seeking legal advice and careful negotiation can help ensure that the provision is fair and well-suited to the needs of all parties involved.

The Wisconsin Clause for Grossing Up the Tenant Proportionate Share is a legal provision commonly found in commercial lease agreements. It serves to ensure that tenants pay their fair share of expenses related to the maintenance, operation, and taxation of a property. The clause typically calculates and adjusts the tenant's proportionate share of expenses in a manner that reflects the leased space's fair market value. This is achieved through a "grossing up" process which accounts for any vacancies or incomplete areas within the property. The Wisconsin Clause for Grossing Up the Tenant Proportionate Share can be further categorized into different types based on the specific methodology used to calculate the tenant's share of expenses. These types include: 1. Direct Expense Clause: This type of clause considers only the tenant's proportionate share of direct expenses, such as utilities, repairs, and maintenance related to the leased space. Indirect expenses, such as overall building maintenance or insurance, are excluded from the calculation. 2. Base Year Expense Clause: In this type of clause, the tenant's proportionate share is calculated based on a specified base year. The base year is typically the first full year of the lease, during which the actual expenses incurred by the landlord are determined. The tenant's share is then adjusted in subsequent years based on any increase or decrease in expenses compared to the base year. 3. Expense Stop Clause: This type of clause sets a predetermined limit or cap on the expenses for which the tenant is responsible. Once the expenses exceed the specified stop amount, the additional costs are borne solely by the landlord. This provides a sense of cost certainty for tenants while ensuring the landlord doesn't bear the burden of excessive expenses. 4. Pro Rata Sharing Clause: This type of clause allocates expenses among tenants based on their respective leased areas as a percentage of the total leasable space in the building. Each tenant pays their share proportional to the size of their rented space. It's important for both landlords and tenants to understand the specific terms and implications of the Wisconsin Clause for Grossing Up the Tenant Proportionate Share within a commercial lease agreement. Seeking legal advice and careful negotiation can help ensure that the provision is fair and well-suited to the needs of all parties involved.

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FAQ

up is an additional amount of money added to a payment to cover the income taxes the recipient will owe on the payment. Grossing up is most often done for onetime payments, such as reimbursements for relocation expenses or bonuses.

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.

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.

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.

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.

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.

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.

What Does Gross-Up Mean? Gross-up is additional money an employer pays an employee to offset any additional income taxes (Social Security, Medicare, etc.) an employee would owe the IRS when that employee receives a company-provided cash benefit, such as relocation expenses.

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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 each of the five tenants pays its 10% proportionate share of the “grossed-up” operating expense amount of $50,000, they would each pay $5,000, and the ... 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 ... 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 ... Mar 2, 2020 — One of the most important aspects of a commercial lease is apportioning the maintenance and repair responsibilities for the leased premises. Aug 3, 2022 — CAM charges allow the landlord to pass along to you, you proportionate share of the cost to maintain these common areas. ... a 2k office tenant in ... Aug 18, 2020 — This results from the fact that each tenant's proportionate share is the ratio of the tenant's space to the total space in the building ... Jan 6, 2017 — Each tenant's share will be based on the grossed-up expenses. For example, a fully occupied property has $17,000 in variable expenses and $3,000 ...

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Wisconsin Clause for Grossing Up the Tenant Proportionate Share