NNN Lease - handling repairs for tenants

NNN Lease - handling repairs for tenants

Investor · Brooklyn, NY · Member since 2016 · 46 posts · 5 votes

We just closed last week on a neighborhood shopping center. We have 16 tenants at the moment and the center has 30% vacancy.

There was a heavy rain the other day and water came in through a tenant's back door frame. A tenant called to put in a work order. This is not due to a roof leak, which as the landlord, we would take responsibility for fixing. The leases state that the repair obligation is at the tenants own cost and expense.

This is our first commercial NNN property so we are unsure which repairs the landlord typically handles. To my understanding NNN means hands-off, tenants handle their premises, landlord handles issues external to the leased premises. Do doors, hinges, door lock issues typically get attended to by landlord and billed out to tenant in a NNN lease? (Being as doors are part of the exterior of a building?)

The previous owner used to repair doors hinges, etc for the tenants. It looks from their work order summaries that they were billing this out as general maintenance to the entire center and not to the individual tenant, at a rate of $72 an hour. 

We are concerned the vacancy is partially attributed to heavy CAM costs. ($8.75/ft of which $3/ft is taxes - Central NJ).

Options are :

-Keep doing what previous landlord did. Hire out the repair from our management company, bill it to the shopping center with a markup for our effort. Expense it to the CAM of all tenants as a group, not just the specific tenant who had the issue. This elevates costs for everyone, bringing the tenants' business expense onto the income statement of the property. My hunch is they did it this way so they wouldn't have to charge and collect from individual tenants.

-Bill it out directly to the tenant. We are having to find providers and be responsible for their quality of work, and now collect from the tenant.

-Send a letter to tenants that going forward, these issues are on them.

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Chris T.Pro Member
Rental Property Investor · Charlotte, NC · Member since 2013 · 491 posts · 253 votes
8y

Before you do anything, I would read the lease(s) carefully.  The lease should dictate who is responsible for what and then follow the lease.  Now is your time as a new owner to make sure that the leases are followed, even if the previous owner chose to do things differently.

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  • Investor · LOUISVILLE, KY · Member since 2017 · 41 posts · 24 votes
    8y

    You state that this is your first NNN?

    NNN can mean different things to everyone.

    It all comes down the exact language in the lease agreement. I like lease agreements with specific and exact language and terms. 

    If the past owner performed work above and beyond the lease terms, it’s created an unfair expectation.

    I’d inspect the damage with the tenant with a lease in hand, explain politely but firmly the lease terms. 

  • Chris T.Pro Member
    Rental Property Investor · Charlotte, NC · Member since 2013 · 491 posts · 253 votes
    8y

    Before you do anything, I would read the lease(s) carefully.  The lease should dictate who is responsible for what and then follow the lease.  Now is your time as a new owner to make sure that the leases are followed, even if the previous owner chose to do things differently.

  • Joel OwensBusiness Member
    Moderator
    Real Estate Broker · Canton, GA · Member since 2010 · 15k+ posts · 11k+ votes
    8y

    Were extensive lease abstracts not completed as part of due diligence period in the purchase and sale agreement before you closed on the property?

    You might not even have NNN leases but NN or GROSS leases. You could also have a mixture of a few or all different kinds of leases.

    Sounds like a mess to me. You need to reach out those involved with the purchase of the property brokers,attorneys,etc.

    If you have an experienced retail management company in place which you should for a property this size they should be helping with this.

  • Attorney · Nashville, TN · Member since 2015 · 1k+ posts · 1k+ votes
    8y

    @Michelle R.

    Review the lease (or have an attorney review the lease) to see what it says. Assuming a competent attorney drafted that lease, it will lay out what the respective duties are for the landlord and the tenant. This is why some commercial leases are literally 100s of pages long. 

    Unfortunately, I agree with @Joel Owens that you might be in a bit of a mess. You are asking questions that you should've asked before the closing. When buying any commercial property of any meaningful size, you cannot skimp on due diligence when it comes to leases.  

    Disclaimer: While I’m an attorney licensed to practice in PA, I’m not your attorney. What I wrote above does not create an attorney/client relationship between us. I wrote the above for informational purposes. Do not rely on it for legal advice. Always consult with your attorney before you rely on the above information.

  • Investor · Brooklyn, NY · Member since 2016 · 46 posts · 5 votes
    8y

    The leases all state they they are Triple Net leases. The previous landlord was regardless performing repairs of doors for the tenants, and billing the repairs of individual units to all the tenants as a whole. The leases state tenant is responsible for all repairs. We have a good relationship with seller and will call them for more specifics on Monday.

    I am wondering if retail/shopping centers typically have this way of doing things- are doors considered structural and so serviced by landlord instead of tenant?

    It's all billed back to tenants in the end. 

    I will reread all leases. 

  • Franklin, TN · Member since 2018 · 81 posts · 43 votes
    8y
    Roof and structure wouldn’t include doors if that’s how the leases read. In fact, lots of NN leases will have language specifying that the tenant is responsible for plate glass and doors.
  • Joel OwensBusiness Member
    Moderator
    Real Estate Broker · Canton, GA · Member since 2010 · 15k+ posts · 11k+ votes
    8y

    What we have done in the past is if anything cannot be fully validated in seller docs we create a HOLD BACK agreement pre-closing.

    Something like 50k or 75k of sellers proceeds held back at closing where the buyer can use as a credit over the next 6 months to 1 year for certain items. If not used the difference is released to the seller from the title company etc. holding escrow or the attorney.

    No legal advice given.

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