Assignment: A transfer of interest from one person to another.
Example: Most commercial leases will allow the assignment of the lease; one tenant may assign their leasehold interest to the property without further obligation.
Base Year: A 12 month period which is the basis for determining expenses; most often the initial 12 month period, the base year can be negotiated to other 12 month periods to secure expense relief.
Example: Often in a multi-year lease a base expense level is determined by calculating the expenses incurred during the base year.
Build-Out: The process of finishing out the raw space of a building.
Example: New commercial tenants often do not realize the costs associated with the build-out of their leased space. This often affects their ability to get fair TI concessions.
CAM/Common Area Maintenance: The additional rent charged as an expense to the tenant, commonly pro-rated to maintain the common areas of the building.
Example: Our building CAM charges include security, janitorial, and landscaping services.
Expense Stop: A fixed dollar amount agreed upon by the landlord and the tenant above which the tenant is responsible for all building expenses.
Example: The expense stop, best understood as the landlord expense stop, is a set dollar amount where the landlord stops paying expenses.
Holdover: A tenant that remains in possession of the property after their lease has expired.
Example: Anytime a tenant remains in leased space without an extension or renewal they are considered a holdover and are subject to the terms of the lease’s last period.
Option to Renew: An option found in most leases which allows the tenant to extend the lease once the primary term has expired.
Example: A fast growing firm taking a conservative leasing approach might opt to take a shorter lease with an option to renew. This allows the tenant flexibility if the business expands too fast or takes an unfortunate downward turn.
Sublet: When a sub-lessor transfers a portion of their leasehold interest to another person or entity.
Example: The subletting of the property will not eliminate the financial responsibility of the sub-lessor (original lessee) but may significantly reduce their financial burden.
Subordination Clause: A clause in a lease by which the entity with an interest in real estate consents to a reduction in priority with regard to another person or entity holding an interest in the same real estate.
Example: Most tenants of new construction will be required to sign a lease with a subordination clause that will prioritize the liens of the developer’s lenders ahead of any interest of the tenant. ,/i.
Turn-Key: A term used to describe a property that is ready for business.
Example: Because the space was already built out for a restaurant, the cafe owner was able to find turn-key space for his new venture.
Tenant Improvements / TI : A dual use term meaning a) The design and construction of any leased space and b) The allowance or credit given by landlords to complete the design and construction of the space.
Example: In an effort to entice new tenants to their properties, landlords are offering high TI's for build-out.