South Carolina Operating Cost Escalations Provision

State:
Multi-State
Control #:
US-OL19034A
Format:
Word; 
PDF
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Description

This office lease form describes an operating cost escalations provision.In the event that the operating costs for any calendar year during the term of this lease shall be greater than the base operating costs, the tenant will pay to the landlord additional rent of an amount equal to such an increase.

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FAQ

A ?rental escalation? refers to when the property owner increases the rental charged to the tenant occupying the property. These escalations typically take place on an annual basis and they result in an increase in the rental yield on the property.

The actual amount of expenses that are tied to the Base Year (property taxes, insurance and operating expenses) becomes the baseline or 'floor'. As the lease advances in years, the tenant is responsible for paying any increase above the Base Year amount.

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.

In a lease, an expense reimbursement clause stipulates that some or all of the operating expenses paid by the landlord are recoverable (reimbursables) from the tenant; also called expense recoveries, reimbursables, billables or pass-throughs.

Operating cost escalation refers to a hike in the operating and maintenance costs of commercial property, either office or retail. Therefore, when leasing a commercial property, it is crucial to understand what comprises operation cost and how does it impact the tenant.

Capped Reimbursements At times, a lease stipulates a cap on reimbursements. For example, a tenant may stipulate that they will pay their pro-rata share of any increase above the base year but only up to 5% above the previous year's expenses.

Funds that use an expense limit are referred to as capped funds because the limit caps the fees that shareholders can be charged. Fund companies provide details on capped expense levels in their prospectus documents. Typically, capped expense levels will be instituted for a specified period.

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South Carolina Operating Cost Escalations Provision