Operating expenses are the cost incurred in operating and maintaining a property. Such cost can include maintenance, repairs, utilities, landscaping, security, snow removal, management fees, property taxes and insurance. The lease will define which costs are included in a tenant’s prorate share.
Lease Language
The language in the lease surrounding the calculation of the tenant’s CAM expense can be very complex. There are often very specific provisions for capping certain expenses, varying prorata shares per expense type, gross up calculations and the calculation of Base Year.
Operating expenses are often capped based on whether expenses are controllable or uncontrollable. The lease should define specifically which expenses fall into each of these categories and/or which expenses the cap is applied to. Typical uncontrollable expenses can include real estate taxes, utilities and/or insurance. Landlords will likely exclude these expenses from the cap calculation since the cost of these items are something the landlord has very little control over. Leases may even include a different percentage increase allowed on certain line items as opposed to a flat percentage increase on all capped expenses. The calculation of a tenant’s prorate share can vary for certain expenses. You will likely see this in properties where larger tenants pay certain expenses directly or where there is a high use by a certain type of tenant such as restaurants who have a high volume of rubbish removal in comparison to the other tenants. Additionally, the cap calculation can be a cumulative calculation or based on prior year expenses. Landlords must carefully scrutinize their gross up calculations to ensure expenses are recognized in the appropriate reconciliation period and based on the occupancy level if allowed per the lease. Otherwise they may be setting a low base amount for the next year’s cap calculation.
Tenants – Opportunity for Savings
Because of the amount of detail surrounding the calculation of operating expenses, this is an area of huge potential savings for tenants. It is the burden of the tenant to ensure that their prorate share of expenses are being properly calculated by the landlord who may have distinct lease language for many tenants in a property thus increasing the likelihood of a mistake. This not only includes the mathematical equation of the calculation but will require the appropriate back up documentation to validate the accuracy of the expenses being passed through.
(more…)