Everything You Need to Know About Commercial Real Estate Leases

Everything You Need to Know About Commercial Real Estate Leases

Real Estate Technology · San Francisco, CA · Member since 2016 · 262 posts · 265 votes

Listening to experts talk about commercial real estate leases is like listening to someone speaking in code. You understand the individual words, but the terms have some special meaning that is impossible to decipher, unless you know the code.

Think of this post as your codebook. Here, you’ll find everything you need to know about commercial leases. Remember, that even though many of these terms, like triple net lease, have widely accepted meanings, you always need to carefully review a lease agreement to verify that everyone is operating under the same set of definitions.

Triple Net Lease (NNN)

Triple net leases, like all net leases, allow the landlord to charge a lower base rent. The Landlord then passes on a series of expenses related to the operation and maintenance of the building to each of the tenants on a pro-rata basis.

Triple net leases are also known as net—net—net leases or as NNN leases.

In a triple net lease, the tenant pays all three of the “nets”:

  • 1.Property taxes
  • 2.Insurance on the building
  • 3.Common area and maintenance costs

If a tenant was renting 1,000 square feet in a 10,000 square-foot commercial building under a triple net lease, they would pay their base rent and would pay 10% of the building costs, or nets.

Triple net leases are the most popular leases for free-standing commercial buildings with a single tenant. Triple net leases can be found with industrial properties and some retail spaces. But, they are widely used in all areas of commercial real estate. All net leases generally favor landlord interests.

Absolute Lease

The absolute lease or absolute triple net lease, is much less common than the standard triple net lease. It is much more stringent. In an absolute lease, the tenant caries every risk imaginable, including construction expenses, rebuilding costs from catastrophes and having to pay rent even if the building is condemned.

The absolute lease is only used with single-tenant buildings where the tenant is a large enough company to self-insure or carry their own insurance to hedge against these risks.

Real estate investors often prefer these leases because it makes the property easier to manage and the leases easier to sell.

Double Net Lease (NN)

A double net lease, also known as a net-net lease or a NN lease, is similar to a triple net lease. The landlord charges a lower base rent in exchange for the tenant carrying a percentage of the costs for operating and maintaining the building.

In a traditional double net lease, tenants pay:

  • 1.Property taxes
  • 2.Insurance on the building

The landlord is responsible for the common area and maintenance costs.

Double net leases are most often used for industrial tenants and some retail tenants.

Single Net Lease (N)

Single net lease, also known as a net lease or N lease, is rarely used. AS you would expect, it is similar to the other types of net leases except the tenant is paying a base rent, and a single “net”, usually the property taxes.

However, there are many variations of the single net lease. Some singe net leases pass on the insurance or maintenance costs instead of the property taxes.

Single net leases, when they are used at all, are used with industrial tenants.

Full Service Lease or Gross Lease (FSG)

A full service is the opposite of a net lease. A full service lease is also known as a gross lease, full service gross lease, or FSG lease. These leases tend to be more favorable to the tenants than the net leases are.

In a full service lease, the landlord bears all the costs of property taxes, insurance, the common areas and maintenance. The tenant pays a higher rent but does not pay anything else.

The exact terms of each full service lease will be different. Often the tenants will still be required to pay for janitorial services for the areas under their sole control. Many leases will also have a provision capping the amount of utilities costs that the landlord will be responsible for. Tenants that use a large amount of electricity may find that they have to pay for their excess use beyond the cap established in the agreement.

Full service leases are most often used for office space, some industrial and retail leases.

Modified Gross Lease

The modified gross lease, sometimes called a modified net lease, is considered to be a compromise between the triple net lease and the full service lease. In a modified gross lease, the tenants still pay a single lump sum rent to the landlord. However, the landlord and tenant negotiate which of the “nets” are included as part of the rent.

Most often, these leases do not include electricity or janitorial. The tenants are responsible for making arrangements for these services.

Modified gross leases are most commonly used in office space properties, but they are also sometimes used with industrial and retail tenants as well.

Percentage Lease

The percentage lease has two main components. The tenant pays a base rent and also pays a percentage of sales to the landlord.

Typically, these leases have what’s known as a breakpoint. Before the tenant’s sales reach the breakpoint, they only pay the base rent. After sales reach the breakpoint, they begin paying a percentage of the sales and the base rent.

The landlord will usually be responsible for the “nets”. A percentage lease is usually only used in retail leases, such as shopping centers and malls. The tenants like the low fixed costs. The landlords enjoy an upside if they do a good job bringing in foot traffic for their tenants.

The percentage gives landlords and tenants a common incentive to succeed.

Sometimes percentage leases will also have strict requirements for the tenants that cover store operating hours, signage, and what days the store can be closed. The landlord may be able to fine the tenant if they fail to open on time or choose not to be open on a day the lease stipulates the store must be open (Thanksgiving for example).

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Attorney, CPA, Broker & Author · Scottsdale, AZ · Member since 2018 · 532 posts · 488 votes
7y

@Tyler Kastelberg A nice comprehensive list.

See this reply in the discussion

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  • Attorney, CPA, Broker & Author · Scottsdale, AZ · Member since 2018 · 532 posts · 488 votes
    7y

    @Tyler Kastelberg A nice comprehensive list.

  • Rental Property Investor · SF Bay Area · Member since 2018 · 19 posts · 2 votes
    7y

    Thank you for providing this. Helpful

  • Robert CliffordPro Member
    Rental Property Investor · Greenville, SC · Member since 2017 · 40 posts · 19 votes
    7y

    @Tyler Kastelberg  This article is helpful.  I made another post this morning, for a little on a property I want to acquire.  The owner is worried about capital gains, and wants some mailbox money.  I'm thinking about a lease from her for the whole property.  I kinda like the ground lease idea as well.  That would fall more in the absolute lease, right?  Have you ever acquired a property or control of a property this way?  Can you give some examples?  

    This is my first commercial transaction.  I own several residential rentals, and I know this will be pretty different.  

    Thanks,

    Robert

  • Real Estate Technology · San Francisco, CA · Member since 2016 · 262 posts · 265 votes
    7y

    @Robert Clifford

    I'm glad the article is helpful! My understanding of a ground lease is that the land and structures are owned by different parties -- probably not a good fit for your first commercial deal. An absolute lease would hold you responsible for all maintenance and upkeep on the property ... if you don't own the property, this could be financially risky.

    Would the seller be open to a master lease option? Otherwise, they might consider financing the sale?

  • Joel OwensBusiness Member
    Moderator
    Real Estate Broker · Canton, GA · Member since 2010 · 15k+ posts · 11k+ votes
    7y

    Ground lease is typically when a land owner wants an income stream but does not want to sell. Some end users like to buy the land and build on it with no lease. Issue with that and I have looked at those deals before is tax wise I get hit with short term capital gains on the profit. So really it can be a bad deal for a land owner.

    Example you buy a piece of land and then flip it to a end user right away who will not do a lease. Now you make maybe 200k but pay big taxes on it. Instead you do a ground lease where maybe they pay 60k a year in ground rent with annual increases. Ground lease tends to sell at a 5 cap or so. So 60k is a 1,200,000 value at a 5 cap before resale costs. Now you the land owner have much bigger equity and an income stream instead of FLIPPING the land to the end user.

    Selling off pieces to end user is kind of a last resort for a developer unless the price is really high. With the ground lease usually at the end of the primary lease term the owner usually gets the building the tenant paid to construct if they do not renew the option periods. Another strategy is to take a ground lease that is ending and tenant does not want to renew and then release as a NNN at higher rents. Ground lease you generally have no tax deductions like a NNN building. If larger building is on a smaller parcel size then you can look to cost segregate the property and allocate a higher percentage value to the depreciated building and a smaller slice to the land.

  • Member since 2018 · 28 posts · 3 votes
    7y

    Great summary for commercial real estate leasing terms! I'm seeing a lot of NNN leases right now, but I think there's a small move to a percentage lease- the landlord and the tenant are more like partners, and if tenant does well, landlord reaps the financial rewards too!

  • Developer · Wilmington, OH · Member since 2015 · 59 posts · 14 votes
    7y
    @Tyler Kastelberg Great post! I am looking to purchase a commercial property that I can lease and this post was very helpful!
  • Real Estate Technology · San Francisco, CA · Member since 2016 · 262 posts · 265 votes
    7y

    @Derek Rice

    Thanks Derek! Best of luck with your purchase. 

  • Investor · Bayside, NY · Member since 2017 · 1k+ posts · 1k+ votes
    7y

    Thanks @Tyler Kastelberg

    Good info. My family had commercial properties. My does double net leases with them where they pay their own utilities and do their own maintenance, the main one, shoveling now. The taxes are allocated to tenants. I myself had bought and sold businesses with NNN leases where the landlord had me billed directly for taxes, I pay insurance on the building and responsible for maintenance and repairs.

    We're a bit perplexed with the practice of "assignment fees" when you buy or sell a business with a lease from a landlord. The leases simply said "... lease cannot be assigned without the landlord's written consent". I heard that the seller of the business I bought from paid a $25,000 assignment fee. I later spoke to them, and they were totally blindsided by it.

    I was surprised on the sale of my business, the very same landlord didn't ask me for the fee. I was responsible for building repair and during my term of tenancy, had the roof repaired a few times, and the roof was in bad shape. I finally agreed to put in a new roof on for $6,000 before the sale. My guess was that's why he didn't charge the assignment fee but figured I better keep quiet about it. During the sale negotiations, one of the buyers did agree to cover assignment fee, while others did not. Turned out to be moot as I was not charged for it.

    My dad had his commercial properties since 1963 and never heard of it, i.e. charging assignment fees, even though he had commercial tenants changing hands. I had a residential tenant who owned "dry cleaners", and he tells me landlords generally charge about a months rent for assignment fee. In his latest purchase of a dry cleaning business, the assignment fee ran him $2,000.

    So my question is, are these fees a general practice in the industry, or is it unique to the New York area. My dad used an attorney for his commercial leases and he's not aware of it.

  • Real Estate Technology · San Francisco, CA · Member since 2016 · 262 posts · 265 votes
    7y

    @Frank Chin Great question about assignment fees. I haven't seen many deals that have assignment fees, but admittedly we haven't supported many commercial deals in New York. 

    @Joel Owens Perhaps you can speak into Frank's question. Are assignment fees for the landlord typical when buying or selling a business?

  • Member since 2018 · 1 post · 0 votes
    7y

    @Frank Chin my limited experience with assignment fees has been a modest amount to cover costs for lease preparation or attorney fees that the landlord may incur as part of the underwriting of the new tenant and assignment of the lease.  Depending on your market I would say that the $2,000 you mentioned could fall into that category but certainly not the $25,000 from your previous example.  Most landlord's will primarily focus on making sure they are receiving a tenant of equal or greater credit worthiness when an assignment of a lease takes place, as they had previously negotiated the terms of the lease at least in part based on who they were getting as a tenant.

  • Commercial Real Estate Broker · Sacramento, CA · Member since 2015 · 102 posts · 50 votes
    7y

    Hi, as both a business and commercial r/e broker, I can say that assignment clauses in commercial leases are very common, especially retail ones. Any buyer of a business will have to be approved by the landlord (LL), thus the assignment clause. That review of the new tenant costs money and the LL charges for it (in your larger grocery store anchored properties, the review is usually done by some corporate lawyer). Typical fees I usually see are $1k to $2k per each assignment. So, assignment of commercial leases and fees are very common. Two noteworthy items buried in leases that are much more ominous regarding assignments and usually missed by brokers are: 1) the options are not transferable. Say the current owner is in the 3rd year of a 5 yr lease with a couple 5 yr options to extend, the ad will say something like ‘...attractive lease, 2 yrs left to go with two 5 yr options.' Digging into the lease the clause will say ‘options are personal to the original lessee' meaning those options are not transferring to the new owner. You are buying that business with only two years left. And 2) many leases have this ‘kick-out' clause which reads something like ‘if current tenant asks the LL to have his/her lease assigned the LL can terminate their lease with a 30 day notice.' I have never seen it put into practice but I have seen that clause many times especially when ownership is a REIT or PE group.

  • Joel OwensBusiness Member
    Moderator
    Real Estate Broker · Canton, GA · Member since 2010 · 15k+ posts · 11k+ votes
    7y

    I have seen assignment fees before. They are not as common with the ones I see but it varies by area. I do see language related to the tenant sale of a business that it needs landlord consent. If landlord has a strong personal guarantee from operator selling that business to a less qualified and less liquid new business owner then landlord can keep former tenant on the hook for guaranty.  Sometimes they get new tenant guarantee as well for double guarantee of the lease. I personally would not let go of a strong personal guarantee for someone selling a business with a new weaker tenant because lease terms were originally given based on strong tenant with guarantee. When business sells the dynamics of the operator and guarantee can change so risk profile can increase for the landlord. If a tenant has low net worth then personal guarantee is almost worthless. 

  • Joel OwensBusiness Member
    Moderator
    Real Estate Broker · Canton, GA · Member since 2010 · 15k+ posts · 11k+ votes
    7y

    I sell a lot more of the individual strip centers and STNL. The large grocery anchored I can see the provisions for much larger tenants.

    I used to be in the restaurant business for years. Smaller tenants all the time try to get CHERRY lease terms that only a national tenant backed by thousands of stores commands. That won't stop the smaller tenants and brands from trying! lol If the landlord has any kind of great location then they can dictate the terms and not potential tenants as likely multiple LOI's generated for each space. It is important for a landlord to fight for every provision in their favor for a lease because when you go to sell the center if you obligate the buyer to future reduced rental increases, non-cumulative caps on cams, etc. then buyer will want higher cap rate to compensate on the purchase. Landlords need to think about long term value and not just filling a retail space quick to get some cash flow coming in. In the long run you can lose more than you gain.

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