Podcast
Questions and Answers
Match the following leasing concepts with their descriptions:
Match the following leasing concepts with their descriptions:
Usable area = The space that can be used exclusively by a tenant Gross area = Total area of a building including all spaces Rentable area = Usable area plus a pro-rata share of common areas Security deposit = An upfront payment to cover potential damages
Match the following lease provisions with their purposes:
Match the following lease provisions with their purposes:
Date of possession = Specifies when the tenant can move in Use of premises = Defines activities allowed on the property Rent amount = Identifies how much a tenant must pay for leasing Maintenance = Outlines responsibilities for upkeep of the property
Match the following tenant screening steps with their order:
Match the following tenant screening steps with their order:
Investigating the applicant = Step 2 Notifying the applicant = Step 4 Application process = Step 1 Reaching a decision about the applicant = Step 3
Match the following types of leases with their characteristics:
Match the following types of leases with their characteristics:
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Match the following qualities of desirable tenants:
Match the following qualities of desirable tenants:
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Match the application process steps with their descriptions:
Match the application process steps with their descriptions:
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Match the types of applications to their characteristics:
Match the types of applications to their characteristics:
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Match the legal documents with their purpose in commercial leasing:
Match the legal documents with their purpose in commercial leasing:
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Match the tenant qualities with their importance:
Match the tenant qualities with their importance:
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Match the criteria for screening prospective tenants:
Match the criteria for screening prospective tenants:
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Study Notes
Learning Objectives
- Explain advantages of standardized application forms for all tenants
- Describe additional information needed by managers for commercial tenant applications
- Discuss legal requirements for screening potential tenants
- Distinguish between usable area, gross area and rentable area in describing square footage
- Describe situations justifying open-ended possession dates in lease agreements
- Compare gross leases, net leases and percentage leases
- Describe percentage rent calculation and importance of defining gross sales in lease agreements
- Explain use clauses for industrial property leases
- Discuss who must sign leases in residential and commercial transactions
Suggested Lesson Plan
- Students review previous chapter, "Marketing" using Exercise 7.1
- Students review Chapter 7, "Leasing," and learning objectives
Selecting Tenants
- Owners and managers seek tenants who will maintain the property, pay rent on time, get along with other tenants, and stay for a while
- Application process: investigation, applicant decision, notifying applicant, records retention
- Qualities of desirable tenants (exercise 7.2) and qualification package contents (exercise 7.3)
Application Process
- Application form: standardized for efficient and consistent data collection, avoiding discrimination claims
- Gather information on applicant: rental history, employment, assets, references
- Fair Credit Reporting Act (FCRA): mandates written authorization before running a background check
- Commercial applications: more complex requiring business information, owner information, roles of employees, financing details, and planned improvements to space
- Documents in Qualification Package: profit & loss statements, tax returns, personal financial statements, operating budget, business plan, franchise agreements (if any), resumes.
- Landlord may require personal guarantees from small and medium-sized business owners
- Patriot Act requires landlord verification to comply with the Specially Designated Nationals and Blocked Persons watch list.
- Reservation fees may be requested by landlords for residential properties to hold a unit during background checks.
Lease Provisions
- Legal description of property in lease documents
- Space diagrams included in commercial leases
- Square footage calculations are critical in commercial leases
- Commercial leases often include operation expense clauses
- Lease terms: time period of the agreement: residential (6 months to 1 year); commercial (3 to 30 years), depending on property type, and tenant investment in fixtures
- Term tenancy: fixed term, automatically expires at the end of the term, useful for days or months.
- Periodic tenancy: automatically renews for a fixed period, useful for monthly agreements
- Date of possession is usually stated in the lease. For retail, this date often lags the formal possession period to allow time for business setup.
- Tenant improvements may be covered in the lease
Maintenance and Cleaning
- Managers usually handle common area maintenance and cleaning
- Tenant responsibilities usually outline tenant responsibilities to maintain individual units and the common area
Lease Clause (Use and Restrictions)
- Use clause restricts tenant activities to a specific purpose, and prohibits illegal or hazardous materials usage
- Non-compete clause prevents the landlord from leasing space to similar businesses
- Landlord inspection rights for hazardous substance compliance and insurance requirements
Lease Options and Obligations
- Lease assignment involves original tenant transferring the full lease to another party
- Lease sublease involves original tenant transferring less than full lease rights to another party
- Landlord consent is usually required for both assignment and sublease
- A right of "first refusal" often stipulates that a tenant receives first opportunity to lease adjacent space
- Lease Option to Renew lets a tenant renew the lease upon completion of the initial lease term period
- Different types of leases involve different payment schemes (gross/net/percentage).
Signing the Lease
- Residential leases must involve all adults residing in the property to be liable in case of breach
- Commercial leases must involve legal representatives of the entity.
- Landlord consent is required for any significant alterations in residential spaces.
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Description
Test your understanding of key concepts in leasing, including the advantages of standardized application forms, tenant screening legal requirements, and different types of leases. This quiz will also cover the importance of defining usable, gross, and rentable areas, as well as who must sign leases in residential and commercial transactions.