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Generally, recording of the lease protects the tenant against subsequent claims to the property. If the Landowner dies or sells the property during the lease term, a recorded lease helps ensure that the new owner adheres to the lease agreement (if that is specifically stated in the lease).
If there is a dispute at a later date, having a written lease can help clarify what was agreed to by both sides. A written lease is also important if the landlord chooses to sell the property. The new landlord will have to follow any written agreement that was already in place.
A double net lease is a rental agreement whereby the tenant agrees to cover the costs of two of the three primary property expenses: taxes, utilities, or insurance premiums. Also known as a net-net (NN) lease, these are most commonly found among commercial tenants.
Home Services Business & Property A Break Clause. A break clause (also known as Option to Determine) can be included in a lease to allow either the landlord or the tenant to bring the lease to an end early.
It is the tenant's responsibility to complete the registration. Failure to register the lease within the relevant time period means it is not a valid legal lease and only takes effect as an equitable lease, or possibly a legal periodic tenancy.
Recording a lease means that it (or a Notice of Lease) is submitted to the public record, usually at the local Registry of Deeds following the signing of it by both parties. Generally, recording of the lease protects the tenant against subsequent claims to the property.
Written leases must be signed by the landlord and should be signed by the tenant. Leases for four years or more must be notarized to be valid. Additionally, a lease memorandum should be recorded for long-term leases to protect the tenant in the event the land is sold.
A single net lease requires the tenant to pay only the property taxes in addition to rent. With a double net lease, the tenant pays rent plus the property taxes as well as insurance premiums. A triple net lease, also known as a net-net-net lease, requires the tenant to pay rent plus all three additional expenses.
Let's start by defining a NNN lease a lease in which the tenant agrees to be responsible for paying rent in addition to all of the operating expenses, including taxes, insurance, repairs and utilities. When any one of these items is covered by the landlord, the roof for example, it becomes a NN lease.
Failure to register the lease within the relevant time period may mean that: the tenant will not have a legal interest in the property and the lease will only take effect as a personal contract between the original landlord and the tenant.