Legal Advice During Challenging Times

What should you know about commercial leases?

On Behalf of | Nov 13, 2023 | Real Estate Law |

Net leases are a common yet often misunderstood element of commercial real estate. Understanding the intricacies of net leases is crucial for anyone involved in commercial real estate, as they dictate the financial responsibilities associated with property expenses. 

In commercial leasing, a net lease assigns specific expense responsibilities to the tenant, typically the landlord’s duty in a standard lease. The nature of these expenses and the extent to which they are passed on to the tenant vary depending on the type of net lease. This arrangement can benefit both parties but requires a clear understanding of the terms.

Types of net leases

Net leases are categorized into single, double and triple net leases, each with varying degrees of responsibility for the tenant:

  • Single net lease: Tenant pays property taxes and rent. 
  • Double net lease: Tenant pays rent, property taxes and insurance premiums. 
  • Triple net lease: Tenant pays rent, property taxes, insurance and maintenance costs.

Net leases benefit tenants, often translating to lower base rent than gross leases. They provide more transparency regarding property expenses, allowing tenants to have direct control over costs like maintenance. For landlords, net leases offer a more predictable income stream without the variable costs associated with property taxes, insurance, and maintenance.

Navigating a net lease agreement

When considering a net lease, it’s essential to conduct thorough due diligence. Tenants should assess the property’s condition and understand the historical and projected costs associated with taxes, insurance and maintenance. Landlords need to evaluate the financial stability of tenants, as the property’s upkeep and value are partly in their hands.

Understanding the nuances of net leases can lead to more informed decisions, benefiting landlords and tenants in the long run. It may behoove you to work with someone who understands these so you can ensure you’re doing what’s best for your needs.

FindLaw Network