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Kansas Clause for Grossing Up the Tenant Proportionate Share

Category:
Landlord Tenant - Commercial Leases
State:
Multi-State
Control #:
US-OL709
Format:
Word; 
PDF
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Description

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 Kansas Clause for Grossing Up the Tenant Proportionate Share refers to a specific provision found in commercial lease agreements that allows for the landlord to adjust the tenant's proportionate share of operating expenses in the event of changes in real estate taxes. This clause ensures that the tenant bears their fair share of the expenses associated with the property. In Kansas, there are a few variations of the Grossing Up the Tenant Proportionate Share clause that landlords and tenants may encounter: 1. Fixed Percentage Clause: This type of clause specifies a fixed percentage that the tenant is responsible for paying towards operating expenses. For example, the lease agreement may state that the tenant is responsible for 20% of the total operating expenses. 2. Variable Percentage Clause: With this clause, the tenant's proportionate share of operating expenses may vary depending on the changes in real estate taxes. If the taxes increase or decrease, the tenant's share may adjust accordingly. 3. Gross Lease Clause: In some cases, the lease agreement may state that the tenant's rent includes all operating expenses, with no separate provision for grossing up the tenant's proportionate share. This type of clause simplifies the billing process for the tenant, as they pay a fixed rent amount without having to worry about additional operating expenses. It is important for both landlords and tenants to understand the specific terms and conditions outlined in the Kansas Clause for Grossing Up the Tenant Proportionate Share. The purpose of this provision is to ensure transparency and fairness in allocating operating expenses associated with the leased property. By including this clause in the lease agreement, both parties can have a clear understanding of their financial obligations and avoid any potential disputes in the future.

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FAQ

Lessee's Proportion means the proportion that the net lettable are of the Premises bears to the net lettable area of the Building, being the percentage in item 16 of the Reference Schedule (or any other corrected or recalculated percentage notified in writing by the Lessor to the Lessee from time to time).

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.

How do landlords calculate the ?proportionate share?? Ordinarily, this is calculated based on the relative square footage occupied by each tenant. That makes sense for fixed costs such as taxes, insurance and common area utility costs.

Proportionate Share of Operating Expenses means a fraction equal to the total Gross Rentable Area of the Premises divided by the total Gross Rentable Area of the Building.

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.

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%.

The pro-rata share is the percentage of expenses shared by the tenant for the shopping center or office building. In most leases, the pro-rata share is calculated as a fraction of the tenant's demised square footage divided by the total square footage of the shopping center or the building.

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.

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Landlord Tenant. Do you need a printable document template? Subscribe to US Legal Forms and get access to multiple template packages and reusable forms. 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 ...a. Real Property Taxes. Tenant covenants and agrees to pay to Landlord, as additional rent, its proportionate share of all Real Estate Taxes, including any and ... This results from the fact that each tenant's proportionate share is the ... fill its building with tenants to cover these fixed operating expenses. To the ... May 19, 2022 — ... a portion of the building's overall operating expenses. In a multi-tenant building, each tenant usually pays their proportionate share of ... Apr 24, 2001 — ... in how the tenant's share is derived, but usually the tenant pays a ... If the tenant's lease requires the tenant to pay its proportionate share ... 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 — Gross-up provisions are common to multi-tenant property types, where tenants are responsible for some share of operating costs. What is a Gross- ... Proportionate Share of Taxes. 2.3282%, subject to Landlord's 4.1, 5.2 LANDLORD TENANT RA PO. If a parent's proportionate share of the birth expenses is more than 5% of the ... proportionately reduced by up to 50% of the monthly support from Line F.5 ...

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