Idaho Adjustments of Rent Complex Operating Expense Escalations Clause

State:
Multi-State
Control #:
US-OL19036
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Description

This office lease form is a clause that describes all costs, expenses and disbursements incurred and paid by the landlord to its agents or contractors. This form also lists the operating expenses that are included and excluded from this clause.

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FAQ

An expense stop is the maximum amount a landlord will spend on operating expenses. Any amount above the expensive stop becomes the tenant's responsibility.

There are no limits on the number of times or the amount a landlord can increase the rent unless there is a provision in the lease. A tenant can move rather than pay the increase. Idaho Code Section 55-307.

In a full service gross lease, the tenant pays a base rental rate, and landlord is typically responsible for paying any additional expenses (such as CAM fees), except for those that go above a specific amount, called an expense stop.

Essentially, the Base Year amount is synonymous with the Expense Stop amount, which is the actual amount of money that comprises the property taxes, insurance and operating expenses. Just like the Base Year amount, the tenant is responsible to pay any increase in those expenses above the Expense Stop amount.

A mechanism in a Full Service Gross Lease, the Expense Stop is a fixed amount of operating expense above which the tenant is responsible to pay. Thus, the landlord is responsible to pay for all operating expenses below the Expense Stop, while the tenant is responsible for any amount above the Expense Stop.

Suppose that a tenant signs a lease in an office building for 5,000 square feet of space. The base rental amount is $10 per square foot. In year one of the lease, the landlord pays for all of the building operating expenses and the total comes out to $10,000. This is the base year expense stop amount.

For example, if the base year operating expenses are $5.00 per square foot and during the subsequent year, building operating expenses increase by 3 percent, the result is a $0.15 per square foot increase (5.00 x 103%=5.15). For a 3,500 square-foot lease, this would amount to an escalation payment of $525.00.

Related Content. Also known as a stop clause or participation clause. In a commercial lease, a provision that requires the tenant to pay its pro-rata share of increases in building costs, such as real estate taxes and operating expenses.

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Idaho Adjustments of Rent Complex Operating Expense Escalations Clause