Climbing formulas that overlap. If your landlord indexes the base rent in addition to certain operating costs such as fuel, electricity and property taxes, you should negotiate for a partial CPI or the doorman`s salary formula. Otherwise, you pay twice for these increases. And be careful about clauses that don`t clearly specify how the owner will calculate your share of the construction area. In one case where it was a ground-floor tenant whose lease did not contain a formula, a Pennsylvania court ruled that the tenant had to pay escalation in the same proportion as his rent at the full rent.2 A bad agreement for the tenant. The ground floor area is often more than double the cost per square metre of office space on the upper floors. Careful. Some leases make the “leased" area of the building and not the denominator of the fraction. This means that you, not the owner, will cover the operating costs of the building`s empty spaces. If your landlord adds floors or converts storage or basement space into office space (expanding the rented area), the portion used to determine your share of the building`s cost should reflect this. A lease agreement should not be written, but the advantage it offers is that in the event of a dispute, there is a written record to which it is possible to refer to resolve the disagreement. To register a rental agreement, you would have to pay a fee such as stamp duty and registration fees. The fees are usually shared by tenants and landlords, but mention this in the agreement.
In addition, people who have fees, such as legal fees or brokers, should be clear. That`s right. Rent calibration formulas, whether related to direct operating costs or indices (see next section), should limit the tenant`s obligation to pay a reasonable share of the total cost of a building. As a general rule, this means that you are responsible for the cost in relation to the building you are renting. Normal wear. Your rental agreement should at least stipulate that you are not responsible for repairing normal wear and tear. Some landlords require tenants to “restore" their rented space when they leave the country. You shouldn`t accept such an agreement. Since almost all tenants need a change of space, restoring space would cost you dearly without the owner providing substantial benefits.
There is a good chance that a large part of the restored carpets, partitions, etc., will be torn off to change the space for the next tenant who comes. If your lease requires the landlord`s agreement before subletting and says the landlord must be “reasonable," define what that means.