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

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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?

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Answered in 6 minutes by:
8/16/2017
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,734
Experience: 30 years of real estate practice experience.
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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.
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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.
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Is there a written lease? Does is provide for the pass through of both the NNN and HOA fees?
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Customer reply replied 11 months ago
There is no written lease yet. what does Pass through Mean in this case?
Customer reply replied 11 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.
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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.
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Customer reply replied 11 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 11 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.
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Customer reply replied 11 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.
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Loren
Loren
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Category: Real Estate Law
Satisfied Customers: 38,734
Experience: 30 years of real estate practice experience.
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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.

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