Commercial leases are legally binding contracts that exist between a tenant, usually a business, and a landlord. The lease gives tenants the ability to use a property for business purposes or any sort of commercial activity for a defined period of time.
In exchange for the use, the business pays money to the landlord. A commercial lease will also consist of the responsibilities of both the tenant and the landlord.
A typical commercial lease will consist of many terms. For example, it will include the type of property involved, its address, the length of the lease, the amount of rent, the type of business activity that the business may carry out on the property, the responsibility of leasehold improvements, and the provisions of security deposit.
Apart from these, a commercial lease agreement may also cover other areas, but these are the main ones.
When it comes to the rent, there are different arrangements that the business and the landlord can make. These terms are also a part of the commercial lease agreement.
Usually, the lease will define a base rent, which is the minimum amount of rent payable and excludes any operating costs, etc.
Sometimes, rent may also depend on the gross income of the business operating on the leased premises. Percentage rents are more common with retail shop businesses.
Some commercial leases may also have Full Repairing and Insurance terms, forcing the tenant to cover those expenses. One particular type of lease classified according to the terms of the rent agreement is Gross Lease.
A gross lease, sometimes known as the gross rent lease, is a type of commercial lease in which the tenant has to pay a flat rent fee that includes rent and other costs associated with the ownership of the property.
These include costs, such as insurance, utilities, and taxes that landlords have to pay on their property. Some types of a gross lease may also specify the type of expense that the tenant must cover.
A gross lease allows tenants to use the property in exchange for a flat fee. This flat fee already includes provision for extra costs such as the base rent, cost of utilities, insurance, and any other expenses that can reasonably occur during everyday use of the property. Landlords may use historical rent and rates to determine the optimal rent for the gross rent lease.
However, the tenant must also agree to pay the rent, or else the contract won’t stand. Both parties, therefore, negotiate the rent before agreeing to a deal.
Sometimes, a gross lease may also come in the form of a modified gross lease. A modified gross lease is a type of commercial lease that is very similar to a gross lease but is adjustable to consider the needs of both the tenant and the landlord.
A modified gross lease will have specific provisions of the duties of both the tenant and the landlord when it comes to paying for costs associated with the property.
Gross Lease vs Net Lease
The opposite of a gross lease is a net lease. In a net lease, the tenant is responsible for paying a portion of the utilities, insurance, taxes and other costs of a profit, apart from the base rent.
Net leases are simpler for the landlords, as it doesn’t require them to make estimates related to the rent. However, it may need further calculations to determine the percentage the tenant must pay. There are many different types of net leases, such as single net, double net, and triple net leases.
Advantages and disadvantages
There are many advantages and disadvantages of a gross lease for both the parties involved in it. Usually, what is advantageous to the tenant will be disadvantageous to the landlord and vice versa.
For tenants, a gross lease allows them to help in their budgeting for their expenses. Since commercial lease consists of a business leasing property, it can help the business in budgeting its costs, which is a great tool for any business.
The business can also use the gross lease as a way to minimize its variable costs to maximize its profits. Similarly, it allows it to deal with rent without having to deal with net leases, which is more complex.
On the other hand, the property owner can also mitigate expenses to a tenant that can reduce the costs of the property owner. It allows the property owner to earn more from a gross lease as compared to a net lease.
Since the calculation of rent in the gross lease is an estimated amount, the landlord may end up getting more than the estimate, thus, resulting in a profit. However, it may also result in a loss.
A commercial lease agreement is when a business enters into a rent lease agreement with a landlord. The business uses the rented property for business purpose in a commercial lease. One type of commercial lease is a gross lease.
In a gross lease, the tenant must pay a fixed amount of rent, which includes an estimate for other expenses, such as insurance, tax and utilities, associated with the property.
A gross lease is the opposite of a net lease. A gross lease can help a business with budgeting but may end up costing more than a net lease.