In commercial real estate leases in the United States, the tenant, rather than the landlord, is usually responsible for real estate taxes, maintenance, and insurance. In a "net lease", in addition to base rent, the tenant or lessee is responsible for paying some or all of the recoverable expenses related to real-estate ownership. As the rent collected under a net lease is "net" after expenses are passed through to tenants to be paid, the rent tends to be lower than rent charged under a "gross lease".
Net lease types include single net, double net, and triple net leases, depending on the number of items they include. The term "net lease" is often used as a shorthand expression for any of these arrangements. The three most common expenses charged back are property taxes, insurance, and maintenance, often called the "three nets". [1] A triple net lease that includes the three nets is particularly common and is often abbreviated in writing as "NNN lease" but is still pronounced as "triple net lease". [2] [3] [4]
NNN leased investments are generally leased to one single tenant and are thus referred to as STNLs or Single Tenant Net Leases. A NNN lease investment can however have two or more tenants, and it would not be considered an STNL investment. An example of this would be a Starbucks & MetroPCS which share a building under two separate NNN leases, or a retail strip center where all tenants are wrapped into one NNN lease. Both examples would be considered NNN leased investments; however, they would not be STNLs. The risk of default is spread out over more than one tenant in such NNN deals (e.g., if either Starbucks or MetroPCS goes bankrupt, the other tenant continues to pay the rent due under their NNN lease). Such deals can appeal to investors seeking to spread risk, though the simplicity of collecting one rent check from one tenant is forfeited.
Another variation of the NNN lease is the NN lease, or "Net-Net" lease, which is pronounced "double net" where the "net" amounts generally are property tax and insurance. [1] Double net leases, like triple net leases, are usually, though not always, single-tenant arrangements. However, the landlord carries some extra financial maintenance obligation. The term "Net Lease" is tossed around loosely in the net lease industry, often used when referring to a triple or double net lease;[ citation needed ] however, there is a definite distinction between a triple net and a double net lease even though some brokers erroneously use the term "Net Lease" to describe both. Double net leased investments generally trade at a slightly higher CAP rate than triple net leased investments because of the maintenance expenses which the landlord is responsible for. Brand new NN Deals with long-term builder warranties covering the roof and sometimes structure can be attractive to investors looking for a higher return. [5] [6]
The largest risk associated with a NNN lease is the tenant terminating the lease or failing to renew, which can result in loss. There are several factors used to determine the riskiness of a lease, including remaining term on the lease and creditworthiness of the tenant. [7]
In one variation of a NNN lease contract, the "bondable NNN lease" (sometimes referred to as a "true triple net" or "absolute triple net" lease), the tenant cannot terminate the lease or seek any rent abatements under any circumstances, a provision that mitigates some of the risk for the landlord. [8]
Investors can benefit from NNN lease properties in a variety of ways. In NNN leases, tenants take on the responsibility of major expenses, such as HVAC and roof repairs, keeping the operation cost lower for the landlord. Typically, NNN leases have lower rent per square foot rates which increases the tenant pool when a landlord is ready to lease the property. For specific tenants, landlords will frequently modify leases allowing for greater flexibility and higher tenant retention. [9]
Most investors in today's net lease market prefer an investment that is truly passive;[ citation needed ] therefore, an absolute net lease is a requirement for many of these investors. Investors prefer to hold these assets long-term, which means there is likely some wear and tear maintenance, as well as a roof that will need to be replaced at some point. With an absolute net lease in, the risk of expenses associated with building maintenance shifts solely to the tenant, allowing the landlord to receive a 100% passive investment. [9]
In its simplest form, a 1031 exchange is a tax deferral strategy for real estate transactions in which a property owner or investor sells one property and purchases another within a specific time frame. The transaction, however, must qualify as a "like kind" exchange. [10]
The value of a net leased investment is determined by the value of the real estate, the value of the credit tenant, and the value of the lease itself.
NNN lease investments are essentially inflation-protected bonds guaranteed by a credit tenant, rather than a state or local municipality. The tenant makes monthly payments to the landlord, while the real estate (and often rent bumps called for in the lease) provides the investor protection against inflation. NNN lease investments provide similar tax advantages as tax-exempt municipal bonds without forcing the investor to settle for lower yields. [12] If investors were to purchase a bond in the secondary market and sell it for a profit years later, they would have to pay a capital gains tax on the profit regardless of whether or not the bond is exempt from income tax. This is not the case when investing in NNN leases because, although structured like a bond, they are still considered real estate investments and therefore can be depreciated in the same manner as similar income producing commercial real estate. The taxes on the income they generate can be reduced or deferred over the life of the asset. Investors, of course, have to pay taxes on recaptured depreciation back when property is sold; however, this can be circumvented by utilizing a 1031 exchange by purchasing a like-kind property. [13] [14] NNN leased investments are also financeable, allowing the investor to leverage the credit of their tenant while also creating tax-deductible interest payments. [15]
This aims to be a complete list of the articles on real estate.
Renting, also known as hiring or letting, is an agreement where a payment is made for the use of a good, service or property owned by another over a fixed period of time. To maintain such an agreement, a rental agreement is signed to establish the roles and expectations of both the tenant and landlord. There are many different types of leases. The type and terms of a lease are decided by the landlord and agreed upon by the renting tenant.
A Lease-Purchase Contract, also known as a lease purchase agreement or rent-to-own agreement, allows consumers to obtain durable goods or rent-to-own real estate without entering into a standard credit contract. It is a shortened name for a lease with option to purchase contract. For real estate, a lease purchase contract combines elements of a traditional rental agreement with an exclusive right of first refusal option for later purchase of the home.
Capitalization rate is a real estate valuation measure used to compare different real estate investments. Although there are many variations, the cap rate is generally calculated as the ratio between the annual rental income produced by a real estate asset to its current market value. Most variations depend on the definition of the annual rental income and whether it is gross or net of annual costs, and whether the annual rental income is the actual amount received, or the potential rental income that could be received if the asset was optimally rented.
Commercial property, also called commercial real estate, investment property or income property, is real estate intended to generate a profit, either from capital gains or rental income. Commercial property includes office buildings, medical centers, hotels, malls, retail stores, multifamily housing buildings, farm land, warehouses, and garages. In many U.S. states, residential property containing more than a certain number of units qualifies as commercial property for borrowing and tax purposes.
A lease option is a type of contract used in both residential and commercial real estate. In a lease-option, a property owner and tenant agree that, at the end of a specified rental period for a given property, the renter has the option of purchasing the property.
Real estate investing involves the purchase, management and sale or rental of real estate for profit. Someone who actively or passively invests in real estate is called a real estate entrepreneur or a real estate investor. Some investors actively develop, improve or renovate properties to make more money from them.
A credit tenant lease is a method of financing real estate. A "credit tenant lease" is a lease from a landlord to a tenant that carries sufficient guarantees that lenders will perceive the rent cash flows from the lease are as reliable as a corporate bond. This typically requires that the tenant have exceptionally good credit, often that the property is essential to the tenant, and contractual obligations that ensure that these rents will be among the tenant's highest obligations. Usually, the lease is structured as a triple net lease, in which a tenant is responsible for insurance, property taxes, and most or all repair and maintenance costs.
Under Section 1031 of the United States Internal Revenue Code, a taxpayer may defer recognition of capital gains and related federal income tax liability on the exchange of certain types of property, a process known as a 1031 exchange. In 1979, this treatment was expanded by the courts to include non-simultaneous sale and purchase of real estate, a process sometimes called a Starker exchange.
Leaseback, short for "sale-and-leaseback", is a financial transaction in which one sells an asset and leases it back for the long term; therefore, one continues to be able to use the asset but no longer owns it. The transaction is generally done for fixed assets, notably real estate, as well as for durable and capital goods such as airplanes and trains. The concept can also be applied by national governments to territorial assets; prior to the Falklands War, the government of the United Kingdom proposed a leaseback arrangement whereby the Falklands Islands would be transferred to Argentina, with a 99-year leaseback period, and a similar arrangement, also for 99 years, had been in place prior to the handover of Hong Kong to mainland China. Leaseback arrangements are usually employed because they confer financing, accounting or taxation benefits.
An Australian real estate investment trust (A-REIT) is a unitised portfolio of property assets, often listed on a stock exchange such as the Australian Securities Exchange (ASX). Such investment structures were known as listed property trusts (LPT) in Australia until February 2008, but were renamed to be more consistent with international terms. Unit trusts of property assets which are not listed on a stock exchange are known as unlisted property trusts.
In the field of commercial real estate, especially in the United States, a net lease requires the tenant to pay, in addition to rent, some or all of the property expenses that normally would be paid by the property owner. These include expenses such as property taxes, insurance, maintenance, repair, and operations, utilities, and other items. These expenses are often categorized into the "three nets": property taxes, insurance, and maintenance. In US parlance, a lease where all three of these expenses are paid by the tenant is known as a triple net lease, NNN Lease, or triple-N for short and sometimes written NNN.
An investment rating of a real estate property measures the property’s risk-adjusted returns, relative to a completely risk-free asset. Mathematically, a property’s investment rating is the return a risk-free asset would have to yield to be termed as good an investment as the property whose rating is being calculated.
A Delaware statutory trust (DST) is a legally recognized trust that is set up for the purpose of business, but not necessarily in the U.S. state of Delaware. It may also be referred to as an Unincorporated Business Trust or UBO.
In United States real estate, a bond lease, also called an absolute triple net lease, true triple net lease or even a hell-or-high-water lease is the most extreme form of the NNN lease, in which the tenant is responsible for every fathomable real estate risk related to the property and is responsible for every single property related expense, even in instances of a material casualty/condemnation.
In the real estate industry within the United States a N Lease is one of the less widely utilized net lease structures, in which the tenant takes responsibility for some of the property's real estate expenses in addition to their business' operating expenses, unlike a gross lease. "N" stands for "Net", is pronounced "Single Net" and represents the property tax expense, which the tenant is responsible for paying in addition to operating expenses, in a single net lease. Unlike double and triple net leases, the landlord/lessor remains responsible for paying any insurance and maintenance expenses.
Common area maintenance charges (CAM) are one of the net charges billed to tenants in a commercial triple net (NNN) lease, and are paid by tenants to the landlord of a commercial property. A CAM charge is an additional rent, charged on top of base rent, and is mainly composed of maintenance fees for work performed on the common area of a property
A retail lease is a legal document outlining the terms under which one party agrees to rent property from another party. A lease guarantees the lessee use of an asset and guarantees the lessor regular payments from the lessee for a specified number of months or years. Both the lessee and the lessor must uphold the terms of the contract for the lease to remain valid.
In commercial real estate, recoverable expenses are those expenses of running a property that are billed back to the tenants as a form of additional rent. A simple example is the electricity bill for a large complex that is then divided up among the tenants. Water, natural gas, cleaning and other operating expenses are often considered recoverable, as well as some periodic capital expenses. Not all expenses are recoverable, those that directly benefit only the landlord are generally not included. For instance, spending on advertising to attract new tenants does not directly benefit existing tenants, and thus is not generally included as a recoverable item.
Store Capital Corporation is a private American real estate investment trust headquartered in Scottsdale, Arizona.
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