Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law
This answer was rated:

Bakersfield CA. I have a question as to whether a commercial

hello ... JA: Where is the...
hello ...
JA: Where is the property located?
Customer: Bakersfield CA
JA: Has any paperwork been filed?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have a question as to whether a commercial landlord can charge a tenant both triple net (NNN) and HOA fees on a rental space?
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 6 minutes by:
8/16/2017
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 35,807
Experience: 30 years of real estate practice experience.
Verified
Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.
I appreciate your patience as I review your question. I will post my response shortly.
This is general information and no attorney client relationship is established.
The site may ask you if you wish to speak by phone for an extra charge. The offer is not from me. While I am happy to speak to you, there is no obligation for you to accept the phone call offer, unless you want. I am also happy to continue online. So, there is no pressure to spend extra money.
Ask Your Own Real Estate Law Question
Is there a written lease? Does is provide for the pass through of both the NNN and HOA fees?
Ask Your Own Real Estate Law Question
Customer reply replied 5 months ago
There is no written lease yet. what does Pass through Mean in this case?
Customer reply replied 5 months ago
I like to discuss this in detail tomorrow over the phone also...
Pass throughs are are NNN expenses the property owner imposes on the tenant.
Ask Your Own Real Estate Law Question
The pass throughs are just what it sounds like. The expenses charged to the landlord and then "passed through" to the tenant.
I am not sure how you could have a verbal lease that is not gross rent.
Ask Your Own Real Estate Law Question
Customer reply replied 5 months ago
Its complicated. I own 1/3 of this building and currently I am 1/3 landlord. all 3 partners (including myself) leased the 2372 square ft to our other business which is a pharmacy. The problem is that the other 2 partners in the pharmacy are not performing according to contract and so I am thinking of selling my shares of the building (33.34%) (`$100K) and buy one of the partners shares of the pharmacy (33.33%) in trade....... today I told him that i am considering selling my shares of the building in exchange for his shares of the pharmacy. But i told him that I need to know what he will possibly charge me for base rent, NNN, HOA, tenant improvement amount .. He said he would charge base rent ($2.25/sf) plus NNN of 50 cents plus HOA fee (21 cents per square foot = $508 per month).... we are located in a complex, and I know that the HOA covers a lot of the same items (CAM, except property taxes), so why would i pay the NNN also...
Customer reply replied 5 months ago
basically after the change of ownership, I will be 100% owner of the pharmacy, and other two guys will be left with the building. One guy will have 33.33% and other guy 66.66%...but i will have 100% of the tenant pharmacy
You can not have a NNN lease that is verbal. The expenses in a NNN are not estimates. So, no, you can not double charge the expenses also covered in the HOA fees. The NNN pays an estimated sum each month and then there is a reconciliation at the end of the year, when actual expenses are known.
Ask Your Own Real Estate Law Question
Customer reply replied 5 months ago
You are absolutely correct, makes sense. plan is eventually to sign a lease and this is part of the negotiation and due diligence process. I have had a landlord for one of my other pharmacies that had NNN lease where I paid it monthly in addition to the base rent, and at the end of the year, the charges were reconciled and I got a full report of the breakdown. SO in this case, it makes complete sense... can't double charge these expenses. .. I appreciate your help..
You are very welcome.
If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.
There is no additional charge to you for rating me favorably.
A bonus is not expected, but is always appreciated.
Thank you!
Loren
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 35,807
Experience: 30 years of real estate practice experience.
Verified
Loren and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Ask Loren Your Own Question
Loren
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 35,807
35,807 Satisfied Customers
Experience: 30 years of real estate practice experience.

Loren is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
My HOA provided of Chart of Responsibilities, between HOA &;
Second opinion] My HOA provided of Chart of Responsibilities, between HOA &; Unit Owners.However, the are a few areas, such as Roof, the can be challenged if the roof causes inside (Wall Board, Painti… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,142 satisfied customers
My HOA provided of Chart of Responsibilities, between HOA &
My HOA provided of Chart of Responsibilities, between HOA & Unit Owners. However, the are a few areas, such as Roof, the can be challenged if the roof causes inside (Wall Board, Painting damage) cause… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
An HOA is putting a $2500 lien on an unimproved lot in Lake
An HOA is putting a $2500 lien on an unimproved lot in Lake County CA. My name as recorded is Dale Moore, Trustee. My ex wife is now trustee through a divorce settlement. The change was never recorded… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,142 satisfied customers
Florida HOA. Are HOAs still able to enter properties because
Florida HOA. Are HOAs still able to enter properties because their covenants say so, or are they getting trespass warnings?. I was told they are not allowing associations to simply enter property to s… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,182 satisfied customers
In the subdivision we moved into at one time had a HOA ,but
In the subdivision we moved into at one time had a HOA ,but the builder when under.and the HOA had stop for some time.when we signed for our home ,we do not sign up for a HOA we check the deed and con… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,317 satisfied customers
Florida HOA. I live in an HOA under Ch 720. I know there is
Florida HOA. I live in an HOA under Ch 720. I know there is a Noticed of Intent requirement under condo law, Ch 718 for owners running for the Board. There is no such requirement to my knowledge under… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
A homeowner vs HOA. My HOA sent me a letter using a
A homeowner vs HOA. My HOA sent me a letter using a 'hear-say' to accuse "someone in my unit" of HOA rule violation. I prepared a letter of one page asking the HOA not to use 'hear-say' and not to use… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,255 satisfied customers
If someone purchases a HOA foreclosure, is there a time
second opinion] If someone purchases a HOA foreclosure, is there a time limit in which outside parties may make claims or liens against it?… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a HOA issue. Florida. I am aproved by the HOA in 2
I am aproved by the HOA in 2 units. I live in unit 26 and my dad lived in 44. He passed away. And deed was only in his name. But the approvsl has us both on 44. Now i have recently invited my cousin to stay for a few days at my dads 44 unit, since its empty. Hoa came with the police and said they have to lesve by tomorrow.… read more
LegalGems
LegalGems
Juris Doctorate
10,665 satisfied customers
Do HOAs have to have a Covenants Committee? If yes, do HOA
Do HOAs have to have a Covenants Committee? If yes, do HOA statutes dictate the composition of such a committee? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,317 satisfied customers
Homeowner (me) in dispute with HOA. A tree owned by the HOA
Homeowner (me) in dispute with HOA. A tree owned by the HOA has caused significant damage to my driveway. They acknowledge ownership, but have set a cap on reimbursement for driveway replacement of $5… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,142 satisfied customers
I am having issues with my HOA. Seeking advice from an HOA
good evening, I am having issues with my HOA. Seeking advice from an HOA lawyer in Torrance. … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,698 satisfied customers
I am in an HOA. The HOA wants an air conditioner unit at the
I am in an HOA. The HOA wants an air conditioner unit at the rear side of the home to be removed but the bylaws states must be removed from front wall or Windows. Also individual in the home previousl… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Barrister: HOA is foreclosing on lien for HOA dues. Court
Barrister:HOA is foreclosing on lien for HOA dues. Court filed notice of impending dismissal. Evidently they did not meet the deadline. Court filed :Dismissed/Dismissal. Can't view on line to read the… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
I have a town home in a hoa. I contacted the hoa in 2014
I have a town home in a hoa. I contacted the hoa in 2014 about a build up of rain water next to my home that has caused some slight foundation movement small interior wall crks it took about a year bu… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,290 satisfied customers
HOA in Florida, the HOA budget has been kept artificially
This is for an HOA in Florida, the HOA budget has been kept artificially low for years, some line items such as taxes on the gym have not even been budgeted. Our docs say to raise the budget over 5% w… read more
LegalGems
LegalGems
Juris Doctorate
10,665 satisfied customers
I was told that for a Georgia HOA letter, the HOA letter
Hi -- I was told that for a Georgia HOA letter, the HOA letter cost was capped by a law. Something like $35 or something like that. But I know the cost for the letters that closing attorneys must orde… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,327 satisfied customers
In georgia,.am i required to join an hoa? this hoa was
in georgia,.am i required to join an hoa ? this hoa was established 4/19/17. i have been here since 2007. this hoa was established forcibly and not by a vote. officers were appointed by the owner of t… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,255 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x