Helpful Commercial Leasing,
Arbitration and Mediation Tips 
  
By: Harvey M. Haber, Q.C., J.D., C. Arb, C.MED
Senior Partner, Goldman Sloan Nash & Haber LLP 
 
 
  
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Good day,

Thank you for your interest in my commercial leasing and arbitration and mediation tips bi-monthly e-newsletter. I hope that you will find these tips helpful.

Please let me know if I can be of assistance to you or a friend of yours for any commercial leasing and arbitration and mediation needs. 
 
Kind regards, Harvey Haber, Q.C.    
June 2014 Tips

 

Is Percentage Rent Being Phased Out ?

 

It depends on the clout of the tenant.

 

If the tenant has a lot of clout, such as a supermarket or a department store, it can take the position that it is not prepared to pay any percentage rent.

 

In some leases, such as an office lease, or a bank or financial institution, percentage rent is not normally payable.

 

How Do You Distinguish Between "Net", "Net Net" and "Net Net Net" ?

 

My understanding is that there is no difference between the 3 terms, as the word "net" implies that the tenant is responsible for the taxes, maintenance and insurance on its premises.

 

How Do You Properly Evaluate Proportionate Share ?   

 

A pure "pro rata" share of what the tenant pays towards the landlord's "operating costs", is based on a fraction, namely: a numerator of the rentable area of the premises, and a denominator of the rentable area of the development.

 

Many leases modify this fraction.

 

harvey_haber 
Harvey M. Haber, Q.C.
  
Goldman Sloan Nash & Haber LLP
480 University Avenue, Suite 1600 
Toronto, Ontario, M5G 1V2, Canada
Direct Line: (416) 597-3392
  
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For more than 35 years, Goldman Sloan Nash & Haber (GSNH) LLP has helped leading businesses, entrepreneurs and individuals successfully navigate the maze of corporate & commercial law to help protect and grow their businesses. Our mid-sized law firm is based in downtown Toronto and provides advice across all major practice areas including:
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