Packed with nuanced legal complexities and financial ramifications, many often see a triple net lease as a puzzle. But for those who have navigated these tricky waters with experience and expertise, understanding the ins and outs of this contract structure is second nature. In this article, we’ll dive into the essential legal considerations you should know when entering into a triple net lease to ensure you make a well-informed decision.
Moreover, if any legal action were to be initiated by either party due to breach or dispute, both sides would generally share in related costs. To ensure a clear understanding of the legal considerations of a triple net lease, everything must be spelled out precisely in the lease agreement.
A Triple Net Lease: What is it?
A triple-net lease may be called triple N, triple-net, or NNN. This kind of rental contract relieves the landlord of the most significant risk by mandating that the renter cover most maintenance costs. Net property expenditures come in three different forms:
Premiums for Insurance
Landlords typically demand property insurance because it helps protect the structure from risks like fires and floods.
Property Taxes
Property Taxes are levied on the property’s estimated worth. The state government in which the property is located calculates and bills them.
Costs for Upkeep
In triple net leases, the tenant is frequently responsible for the costs of property upkeep and renovations.
To the extent permitted by the contract’s provisions, the costs may be divided differently between the lessee (tenant) and the lessor (landlord).
In the past, the triple net has been used to describe leases in which the tenant rents the whole standalone commercial building and is responsible for all maintenance costs. The owner ropes the basic rent without spending resources on keeping the property in good condition.
However, due to changes in leasing procedures and the property’s location or regional tradition, the phrase “triple net lease” can now also be used to refer to leases for multi-tenant buildings.
In this situation, every tenant is responsible for paying their pro rata part of the property’s maintenance fees, insurance, and taxes, typically along with additional operational costs.
What Does a Triple Net Lease Include?
A triple net lease has several complex provisions. You must fully comprehend the terms of any agreement you sign or service you provide. Using this tactic, you may choose between a setting and contract that satisfies your unique demands over one that eventually restricts your goals.
A triple net lease often has the following legal clauses:
Use of Property
A property usage clause outlines the permitted uses for the rented area. The conditions must be compatible with the tenant’s activities, which is crucial. If not, the lessor and lessee may have disagreements about early withdrawal or breach of trust.
Pro-Rata Operational Expenses
A triple net lease requires renters to pay the lessor or landlord additional costs on top of the rent. Insurance, property taxes, and upkeep of the shared spaces are all included in the pro-rata running costs.
Commonly, the landowner divides annual costs by the entire floor space of the building that is available for rental by how much is owed.
Rent Term
A triple net lease’s term clause details the lease’s tenure, including the start date, end date, and, in certain situations, any possible extension choices.
Before signing, it is advisable to discuss the space’s future feasibility in light of the company’s planned expansion.
Rental Charge
A rent clause might include anything outside only the monthly or quarterly payment. A rent clause could contain automatic rent rise provisions that might substantially affect the renter’s financial situation during the contract.
Triple Net Leasing Considerations
Before agreeing, each lease agreement must be carefully studied. Future issues must be given considerable thought because triple net contracts are typically negotiated for ten years or longer.
You may get a clearer sense of what to anticipate over time by looking up information on property records and property investment expenses. Speaking with nearby companies is also beneficial to understand your potential utilities and maintenance bills.
In real-world situations, “triple net leases” and “net leases” are sometimes used alternatively. However, each party must carefully read the lease instrument to comprehend the duties and costs for which each party is accountable. They should rely on diligence and research, rather than whether the lease is described as a net lease vs. a triple net lease.
Problems with Property Taxes
The tenant’s obligation to cover property taxes is one of the greatest incentives for landlords. Many local governments annually increase property investment appraisals or tax rates per $1,000 of valuation, which increases the renter’s tax payment.
The renter must rely on the landlord to dispute a higher tax rate since they own the property. Nevertheless, since he is not in charge of footing the cost, the landlord is not required to invest money or time in a personal evaluation to oppose the new appraisal.
If the renter decides to relocate at the conclusion of the contract, this might turn out badly for the landlord. Assuming he or she cannot find a new renter prepared to cover the increased cost, the landlord will be obligated to pay the expenses indefinitely. The landlord can be left with an empty building if like-kind properties are offered at a lesser price.
Are There Good Alternatives?
Triple net leases are entirely different from gross leases. The landlord covers the cost of insurance, real estate taxes, and property upkeep in a gross lease. The renter is billed a much higher rent to meet these additional expenses. In some cases, a gross lease stipulates that the renter is responsible for all utility costs.
Before entering an agreement, landlords and renters should get legal and financial guidance to determine possible responsibility and any tax liabilities of any lease type.
When Purchasing a Triple Net Property, Take These Things into Account
Buying a triple net property is a popular investment strategy for investors looking for a steady income stream. However, there are many things to consider, no matter your level of expertise.
The Tenant’s Creditworthiness
The tenant’s short to medium-term creditworthiness is among the most crucial aspects to consider when deciding whether to buy a triple net property. A renter with good credit is much more inclined to make timely payments, maintaining a steady income stream for the asset. Generally speaking, publicly listed businesses are more likely to become creditworthy renters than private businesses.
However, publicly-traded corporations are still influenced by market fluctuations, and it is common for major publicly-listed corporations to close many sites in a challenging financial climate. Generally speaking, tenants that stand strong even during economic downturns are a good bet.
1031 Funds and Timing
You may pay for triple net properties with 1031 earnings from selling an asset you’ve given up. However, the 1031 funds’ linked time periods must be considered.
You have 45 days after selling the old property to decide which properties you want to use the 1031 proceeds to purchase. Additionally, you have 180 days to use the 1031 escrow to buy the properties you’ve chosen to buy following the property sale.
Is a Triple Net Lease Right for You?
Determining if a triple net lease is right for you requires considering both short-term cost savings and long-term implications, as well as the legal considerations of a triple net lease. An experienced professional will help guide you through all of the complexities of this arrangement so that you can make an informed decision.
Are you looking for a more reliable way to generate reliable cash flow from real estate investments? If so, a triple net lease could be the perfect solution.
We educate, enlighten, and introduce investors to the most credible NNN properties for sale that produce steady cash flow every month. So if you’re ready to explore the possibilities of a Triple Net Lease, have a chat with the team at NNN Deal Finder today.