From a broad perspective, there are a few types of leases commonly found. Within these categories, leases may vary considerably.
- Triple
Net Lease (NNN) –
There are numerous forms of net leases. The most
common of these is the Triple Net lease. In a Triple
Net lease, the tenant is responsible for their
proportionate share of property taxes, property
insurance, common operating expenses and common area
utilities. Tenants are further responsible for all
costs associated with their own occupancy including
personal property taxes, janitorial services and all
utility costs.
If the space is part of a larger building, the common area maintenance charges (CAMS) will be divided among the tenants of the building, generally based upon the tenant’s square footage percentage of the overall complex. In general, the landlord will be responsible for the structural integrity of a building.
- Net lease:
The tenant pays the rent plus a portion of the
maintenance fees, insurance premiums and other
operating expenses.
- Gross lease:
The tenant pays a set amount of rent and the
landlord is responsible for payment of taxes,
insurance and other costs associated with owning the
property.
- Modified Gross
Lease: There are numerous types of modified
gross leases that are commonly utilized in
multi-tenant office buildings. A modified gross
lease is similar to a full service gross lease,
except that some of the base services are not
included by the landlord (taxes, maintenance,
insurance and utilities). The most common types of
modified gross leases excludes maintenance,
janitorial and electrical. This type of lease is
commonly utilized in medical office buildings or
multi-tenant single floor office buildings, where
different tenants have varying needs for electrical
or janitorial services. In general, this type of
lease requires separately metering individual office
suites to determine electrical usage. Generally in a
modified gross lease the Landlord has the right to
expense pass-throughs utilizing a “base year.”
- Shopping center
leases: The tenant pays a base rate in
conjunction with the square footage of the retail
facility. Typically, the tenant will also pay some
common charges and frequently a certain percentage
of the gross sales. The tenant may also be assessed
part of the property taxes. A shopping mall lease
will often include terms about signage, hours of
operations, common areas and deliveries. The
landlord may also have the right to relocate the
tenant.
- Land or ground
lease: The tenant leases the grounds and builds
on the property. Typically, with a land or ground
lease, all improvements on the property, including
any building or buildings revert back to the
landowner at the end of the lease period.
- Percentage of Sales lease: Retail lease can have a provision where as the Landlord will receive a percent of the gross sales of the business after reaching an established dollar volume of the business.
There are numerous variations on common lease forms mentioned above. They are examples of the most common leases used for commercial properties. Economic conditions of an area can also play an important part in determining what type(s) of leases are most commonly used in that area!
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State and local tax
matters are not considered here. These tax liabilities may be large
enough to influence your tax planning and should be considered when
working with your professional tax person."
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in regard to the subject matter covered. It is provided with the
understanding that the publisher is not engaged in rendering legal,
accounting, or tax services. If legal advice or other professional
assistance is required, the services of a competent professional person
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