Net lease: Overview, definition, and example
What is a net lease?
A net lease is a type of commercial real estate lease in which the tenant is responsible for not only paying the base rent but also covering additional costs associated with the property, such as property taxes, insurance, and maintenance. The "net" in net lease refers to the tenant's obligation to pay these extra costs on top of the regular rent. There are different variations of net leases, including single net leases, double net leases, and triple net leases, each with varying degrees of responsibility for the tenant in relation to the property’s operational costs.
For example, in a triple net lease (NNN), the tenant is responsible for the base rent as well as the property taxes, insurance premiums, and maintenance costs associated with the property.
Why is a net lease important?
A net lease is important because it provides more predictable and consistent revenue streams for property owners, as the tenant is responsible for the operating costs of the property. This can reduce the risk and financial burden on the landlord, particularly for larger commercial properties. For tenants, net leases can offer lower base rent in exchange for assuming responsibility for property-related expenses, which can provide more control over the property’s costs. Net leases are common in commercial real estate, especially for long-term leases, and they are typically used for properties such as office buildings, industrial spaces, and retail stores.
Understanding net lease through an example
Let’s say a business enters into a triple net lease (NNN) for a retail space. The landlord charges a base rent of $3,000 per month. In addition to this base rent, the tenant is responsible for paying the property taxes, insurance premiums, and maintenance costs for the space, which amount to $1,000 per month. Therefore, the tenant’s total monthly payment to the landlord would be $4,000, with $3,000 going toward the base rent and $1,000 covering the additional expenses.
In another example, a company leases an office building under a double net lease (NN). The company is responsible for the base rent, property taxes, and insurance, but the landlord is responsible for maintenance. This setup gives the tenant more control over the property’s expenses while allowing the landlord to maintain responsibility for the upkeep of the property.
An example of a net lease clause
Here’s how a net lease clause might appear in a commercial lease agreement:
“The Tenant shall pay a monthly base rent of $[insert amount] and shall also be responsible for the payment of all property taxes, insurance premiums, and maintenance costs related to the leased premises. The Tenant’s obligations under this lease are in addition to the base rent and shall be paid directly to the respective service providers or as invoiced by the Landlord.”
Conclusion
A net lease is a common type of lease agreement in commercial real estate that provides landlords with a more predictable income stream by passing on some of the property’s operational costs to the tenant. Tenants, in turn, often benefit from lower base rent while assuming responsibility for additional expenses. The specific terms of a net lease—whether single, double, or triple net—determine the extent of the tenant’s financial obligations beyond rent. Understanding net leases is essential for both tenants and landlords when negotiating commercial lease agreements.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.