The lease abstract said triple net but the operating expense definition ran seven pages
A deal worth studying: a 14,000 square foot clinic, two tenants, one lease described as NNN on the rent roll, the other described the same way in the broker summary. The difference between those two leases showed up only when someone read the operating expense definitions in full. The first ran a clean NNN structure, landlord responsible for roof and structure, tenant picks up everything else with a cap waiver on controllable expenses. The second defined operating expenses to exclude HVAC maintenance, elevator service contracts, and any capital expenditure the landlord classified as a building improvement rather than a repair, which at that building's age was nearly every mechanical bill over four thousand dollars. The effective economics on suite two were closer to modified gross than triple net, and the asking price had been underwritten as if both leases were identical.
The spread between what the rent roll showed and what the cash flow actually was came to about nineteen cents a foot annually on the second suite. On 6,200 square feet that is around twelve hundred dollars a year, which sounds small until you apply a six and a half cap to it and watch eighteen thousand dollars leave the valuation. The lender's appraiser used the rent roll gross figure for both suites to set qualifying rent. The buyer's counsel caught the definition gap during lease review. The seller disputed whether it was material. It was.
The assumption doing the most work in any NNN medical deal is that the word triple net in a summary means the same thing in every lease in the building. The operating expense definition is where that assumption either holds or does not, and a seven page definition is usually a sign that someone negotiated hard to keep certain costs on the landlord's side and then agreed to call the result triple net anyway. Reading only the base rent and the lease type on a rent roll is reading about half the deal.
What does your review process look like on operating expense definitions specifically, and at what point in diligence does someone on your team actually read those sections rather than rely on the abstract?