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Expenses
We created this guide to help healthcare practices better understand what they’re signing up for.

First, what are they? Most healthcare practices are going to be at properties that have NNN leases. This means the tenant pays their portion of the three “nets” or operating expenses: property taxes, landlord’s insurance, and Common Area Maintenance (CAM). In SE Michigan, the nets for a medical office are often a quarter to a third of your total occupancy cost. Pay attention to any terms regarding the expenses!
My advice, do not waste time trying to push for “capping controllable expenses”. Most lease guides will tell you to do this, but in reality, the fight over what counts as “controllable” vs. “uncontrollable” is hard and rarely lands cleanly. Landlords will define almost everything as uncontrollable when it suits them.

The better approach is to negotiate an explicit list of carve-outs for specific items the landlord cannot bill for. My list includes:
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Audit rights for property taxes and the landlord’s insurance.
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Cap-controlled CAM increases at 3-5% per year. (This is hard to get, but worth the effort trying.)
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Exclude from the CAM charge, by name: landlord’s capital expenditures, leasing commissions, depreciation compliance upgrades, and general overhead.
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Exclude big ticket items, by name: roof replacement, HVAC system replacement, parking lot replacement or resurfacing, structural repairs, facade work, ADA compliance upgrades. These should be considered capital expenditures, not maintenance. Don’t let the landlord bill you via CAM for these as “repairs”.

If you’re going to do anything, get exclusions for these big capital expenditures. A parking lot replacement charged in CAM is one of the most common items and a perfect example of the bigger pattern: a $300,000 capital project the landlord labels as “maintenance” and bills back to tenants over a few years. Landlords will use the same tactic for roof replacements and HVAC system replacements. If your lease doesn’t list these as excluded costs, the landlord can and will argue they’re fairly included as maintenance, and if you choose to push back, your attorney will be fighting on rough terrain.

For more on this topic, check out the Commercial Real Estate Operating Expenses article on our website.
We hope this guide was helpful! Like with a residential home, the costs of expenses can really creep up on you, and we find clients often don’t focus on these terms enough.
Let us know what you think. We’d love to hear from you!
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