Oregon Fee Mortgage Provisions from a Ground Lease

State:
Multi-State
Control #:
US-OL20071
Format:
Word; 
PDF
Instant download

Description

This office lease form states that the lessor represents to the lessee that the existing fee mortgage is the only mortgage encumbering the land and the demised premises. The lessor agrees to cause the holder of the existing fee mortgage to agree to certain provisions.

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FAQ

Tenants who want to break a lease in Oregon must comply with the state's notice requirements if they want to avoid penalties or other legal consequences. Generally speaking, these are the two notice requirements needed, depending on the type of lease: Yearly Leases with No End Date: At least 60 days of notice.

On the other hand, ground lease payments reduce the cash flow to the property owner and thus should be taken into consideration when estimating a cap rate-based valuation for disposition. This would mean that ground lease payments might have to be considered a part of operating expenses.

Typically, landlords classify leases of real estate as operating leases, because the underlying asset ? the real estate ? generally has a long useful life and significant residual value. However, a lease of real estate may be classified as a finance lease.

Your landlord may charge a fee if you abandon your home during a fixed-term lease without cause. The fee may not exceed one and one-half times the monthly rent. This fee shall not apply to certain members of the military called into service or victims of domestic violence or abuse.

In the state of Oregon, a tenant must serve you a 30 days' notice to terminate their month-to-month lease. If they have lived in the unit for a period exceeding a year, then they have an obligation to serve you a 60 days' advance notice.

The Ground Lease Valuation Module, in contrast, puts the ground lease payments below NOI and seeks to calculate the value of the land by finding the present value of the ground lease cash flows at some user-defined discount rate.

Examples of valid operating costs include property taxes, property insurance, maintenance, utilities, landscaping (which includes snow removal) and garbage collection. Valid operating costs will benefit all of the tenants in a commercial property?not just one or two.

Lessee Accounting: Impact on Balance Sheet and Income Statement. Under ASC 842, Leases, ground leases will be capitalized to the balance sheet through a ?right-of-use asset? and lease obligation.

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Oregon Fee Mortgage Provisions from a Ground Lease