This office lease clause should be used in a base year lease. This form states that when the building is not at least 95% occupied during all or a portion of any lease year the landlord shall make an appropriate adjustment in accordance with industry standards of the building operating costs. This amount shall be deemed to be the amount of building operating costs for the year.
A Rhode Island Gross Up Clause is a crucial element that should be incorporated into a Base Year Lease agreement. This clause addresses the issue of variable operating expenses that may affect the tenant's rent. By utilizing a Gross Up Clause, the lease can be structured to account for fluctuations in operating expenses, ensuring fair and equitable rental payments throughout the lease term. In a Base Year Lease, the Gross Up Clause typically includes provisions that allow the landlord to adjust the tenant's rent based on changes in operating expenses beyond the base year. The base year is chosen as a reference point to establish a starting point for calculation purposes. There are different types of Rhode Island Gross Up Clauses that can be used in a Base Year Lease, including: 1. Fixed Percentage Gross Up Clause: This type of clause includes a predetermined fixed percentage that is applied to the tenant's rent to account for any increases in operating expenses. For example, if the predetermined fixed percentage is 5%, and the operating expenses increase by $10,000, the tenant's rent will be adjusted by $500 ($10,000 x 5%). 2. Consumer Price Index (CPI) Gross Up Clause: This clause links the rent adjustment to changes in the Consumer Price Index, a measure of inflation. The tenant's rent is adjusted in proportion to the increase in the CPI. For instance, if the CPI rises by 2%, the tenant's rent will be raised by the same percentage. 3. Expense Escalation Gross Up Clause: This type of clause allows the landlord to adjust the tenant's rent based on a specific expense item or category that experiences a significant increase. For example, if property taxes increase substantially, the tenant's rent will be adjusted accordingly to account for the increased expense. It is important to consider the specific needs and circumstances of both the landlord and the tenant when selecting the most appropriate Rhode Island Gross Up Clause for a Base Year Lease. Consulting with a legal professional knowledgeable in commercial leasing practices in Rhode Island is advisable to ensure compliance with local regulations and to protect the interests of both parties involved.
