April 5, 2012

industrial asset - 4 Elements Factored Into Negotiating a Termination Clause

In the current economic climate, tenants are implicated more than ever about making faithful decisions concerning their commitment to expenditures for their business. One of the largest costs to operate a company is the real estate component; whether it's leasing or owning space. A strategic advent to gain a contentious rate and still have flexibility includes negotiating a termination clause within the lease. This allows the tenant to be released from their financial obligation at a specified period in time with predetermined costs. Landlords are typically willing to agree to a termination clause in case,granted they are made whole for any costs they incur based on this longer lease term.

4 typical elements factored in to a termination fee are:

1. The cost of any unamortized tenant correction allowance




2. The value of any free rent based upon a longer lease term may be reimbursed

3. Percentage of the lease or estimate of months of rent as a penalty

4. The cost of any unamortized real estate commissions that have been paid

Often this advent allows a tenant to enjoy the benefits of a longer term lease with the chance to cancel the lease prior to the expiration date. An example is structuring terms for a ten year lease with an selection to desist in five years with notification on the 4th anniversary of the commencement date of the lease. Also, a 5 year lease can be structured with an selection to cancel after the 3rd year. These termination clauses typically offer the tenant a one-time selection to cancel the lease within a specified time frame which if not exercised is lost and the lease remains in full result until expiration.

Tenants invite termination clauses for several reasons. They may be uncertain of their thinkable, growth and do not want to limit their quality to enlarge into more suitable space by encumbering their company with a long term lease. In the event the company grows and needs supplementary space which cannot be accommodated by their current landlord, they consider the termination penalty worth paying. Other speculate a tenant may negotiate a termination clause is if a tenant is unsure of the hereafter sustaining power of their company and feel more comfortable arranging an early exit strategy.

A longer term lease commonly allows for lower monthly or annual leasing costs. However, the advantage to a tenant who negotiates a termination selection is they are able to enjoy the rental rates of a long term lease with the flexibility of a short term lease. In the event they rehearsal their termination selection they pay a lower rent during the term and compensate the landlord at the end of the lease.

industrial asset - 4 Elements Factored Into Negotiating a Termination Clause

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