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Making the most of lease renewals

Renewals are a key component of your lease agreements. Lease renewals present you the opportunity to get out of leasing situations that are not in your favor, while allowing you to reap the benefits of really great lease deals. Renewals also offer scope for renegotiating lease terms and conditions. Missing out on lease renewals can mean termination of the lease, which, when unforeseen can be a huge financial loss for the tenant.

In our blog this week, we discuss some best practices that you can adopt when it comes to lease renewals. Following these best practices will ensure you make the most of your lease renewal options and enjoy better ROI on your leases.

Critical date monitoring for renewals

In order to benefit from a lease renewal option, you need to exercise it within the timeframe stipulated in your lease. Make sure you invest in a lease administration software platform which captures important dates such as the last date for exercising lease renewal options, and also generates alerts in a timely manner so you have the time to think through, calculate and take a well-informed decision regarding the renewal. This process ensures you don’t miss out on the opportunity to renew your lease.

A quick lease review

Lease renewals are a great time for a quick lease audit and review. Using your lease abstracts, you can quickly go over the key financial and non-financial clauses of your lease and decide if you should be negotiating on any of those. This is a good time to make amendments or include any addendums to your existing lease. You could also get a financial modeling done on your lease to compute the long term ROI on your lease, helping you determine if the renewal is a good fit for you.

Get assistance if you are overwhelmed!

While it may sound easy, it becomes complicated when you have a large lease portfolio. When you have thousands or even hundreds of leases with different renewal dates and varying terms and conditions, it can get overwhelming. If that sounds familiar, you should reach out to a trusted lease support service provider who can take care of this for you. A lease administration services provider will have a large team of experienced lease administrators who can help you stay on top of your lease portfolio irrespective of its size.

Rebolease.com, powered by RE BackOffice, Inc., is a premier provider of lease abstraction, administration, audit and accounting services. Headquartered in Pittsburgh, PA, we are a global boutique firm, providing high-quality services to top-tier clients across industry verticals, covering every type of lease and on any lease platform. We are proud to be a  trusted partner, for 15+ years, to leading retailers, REITs, property owners/managers, and corporate accounts seeking a strategic advantage. All client projects are performed in-house.

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What to consider when investing in a lease administration software?

Investing in a lease administration software is a must to stay on top of your lease portfolio and for efficient ongoing lease management. While there’s no doubt that lease administration software programs are indispensable, things start to get a little tricky when it comes to selecting a lease administration software. Our blog this week discusses the key elements you should consider when choosing a lease administration system.

Compliance

Compliance forms a big part of your lease management process. You need to make sure that your new lease administration software helps you meet the compliance requirements as per lease accounting standards such as FASB ASC 842, IFRS 16 and GASB 87. On the same note, it is important to ensure your lease administration software caters to the different kinds of leases in your portfolio, such as real estate, equipment, vehicles, etc.,

Ease of use

For any tool to be adopted and utilized fully, ease of use is an important factor. The lease administration software should allow you to easily manage every aspect of lease management including lease abstraction, lease audits, critical date monitoring, rent roll, CAM audit and reconciliation, etc.

Reporting and dashboards

Your lease administration platform must be intuitive and flexible. It should support report generation of various kinds, allowing you to make sense of the rich data contained in your leases and lease abstracts, thus bringing more objectivity to the critical business decision-making process.

Import and export functionality

One of the most important elements to consider before investing in a lease management platform is the import-export functionality. It dictates how your data will be shared and in what format. The information from your lease abstracts will be used across various teams in your organization such as Finance, Operations, IT, Accounting, Legal, etc. Before you purchase a lease management software, you need to make sure it is compatible with their data format requirements.

Data storage and security

One of the questions to seek answers to before you purchase a lease administration software is, “Where your lease data will be stored by the lease management platform and in what format?”. For example, is the data stored locally, or on the cloud? What are the security concerns and how are they being addressed by the lease management software vendor? Getting answers to these questions is a must when evaluating a lease administration software platform.

Service and support

Investing in a lease management platform is a big decision. You will be using the platform to store critical business information and will need uninterrupted access to it at all times. Hence after-sales service and support become critical components when evaluating lease management platforms. What kind of support does your lease software vendor provide? What is their availability? Is the service and support free, or will you be charged? It is very important to get these questions answered to your satisfaction before invest in a lease administration software.

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How can lease administration software platforms make your lease portfolio management process more efficient?

Staying on top of your lease portfolio can be challenging, especially when your lease portfolio consists of hundreds or even thousands of leases spread across the country or the globe. Lease abstracts help by ensuring that all the key financial and non-financial information contained in your leases are available for your use in a clear and concise manner. 

But, there’s another key component that helps keep your  lease portfolio updated–lease administration software platform. What do you do with all the information provided by the lease abstracts, where do you store the lease data, how do you leverage the data and how do you ensure they are accessible whenever you need them? A lease administration software platform provides answers to all these questions.

Here are a few ways in which a lease administration platform makes the lease portfolio management process simpler, more efficient and effective.

A single platform for all your lease data

Lease administration platforms act as a single repository for all your key lease data. You can store digital copies of your leases, their related documents and the lease abstracts in the lease administration platform. This ensures that all critical information related to your leases is easily accessible and available in one place. And, it is not just for your real estate leases; you can use a single lease administration software platform for storing all your leases and leases abstracts, including equipment leases.

Critical date alerts

Lease administration software platforms have the ability to read the information in your lease abstract template and use it to generate alerts and notifications for critical events such as notices, expiration dates, invoice due dates, renewals and other obligations. This helps ensure that you don’t miss any critical dates. Missing critical dates can have serious consequences, such as penalties or even lease termination.

Standardized lease data repository

Having a single lease administration platform for all your lease abstracts brings consistency to your lease data, as information is stored in a template that’s standard for all leases.

Manage lease expenses better

Lease administration software platforms help ensure your payment schedules are on-track and accurate. They allow you to effectively manage your lease-related expenses and payments such as regular rental payments, percentage rent calculations, Common Area Maintenance (CAM) charges and reconciliations.

Understand your leases better

Modern lease administration software platforms are equipped with various tools, calculators and interactive dashboards that help you understand your leases better. They offer you a 360-degree view of the entire lease portfolio as well as each individual lease. You can analyze the ROI on your leases based on the outgoings connected to them. You can also plan and budget more accurately because you get a clearer prediction  of your upcoming lease expenses.

Compliance

Meeting the compliance requirements related to leases can be challenging, especially if your lease portfolio is large. Lease administration software platforms are now also equipped with the required mechanisms to help you meet the FASB/GASB and ASC 48 compliance requirements.

So, investing in a good lease administration software platform is a must to stay on top of your lease portfolio. But that isn’t enough. You need to have an experienced lease administration partner who can help you optimize  your lease administration software so you get the best ROI.

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The Role of AI in Lease Abstraction and Administration

Artificial intelligence (AI) and machine learning are fast becoming an integral part of lease abstraction and administration processes. Lease abstraction software and modern lease administration platforms deploy innovative AI and machine learning technologies to make lease portfolio management more efficient. This blog discusses the role AI can play in lease abstraction and administration and its pros and cons.

Using AI to abstract leases can make the lease abstraction process faster

There’s no doubt that AI can speed up the lease abstraction and administration process. Leases are vast and run into hundreds of pages. Plus, each lease portfolio may have thousands of leases. AI can sift through the pages and extract relevant data in no time in comparison to manual lease abstraction. While some human effort is indispensable when it comes to lease abstraction and administration, AI can speed up the process and make it a little more efficient. 

Lease AI tools that use Optical Character Recognition can make your lease information ‘searchable’, so your lease administrators don’t have to read through the entire document to find specific clauses. They can enter the clause they are looking for in the search box and the system will automatically highlight those sections of the lease where the said clause shows up. That said, there’s one caveat: your lease administrators should know what they are looking for and should account for any variations in terminologies so the search feature doesn’t miss anything out. 

For organizations that don’t have enough resources to invest in lease abstraction and administration in-house, AI-based lease abstraction and administration software platforms may be a viable option. 

However, if you are not comfortable with AI-based, automated lease abstraction, outsourcing your lease abstracts to a trusted lease abstraction and administration vendor is a great choice. They would have the team strength, expertise and experience to get your entire lease portfolio abstracted in a timely manner.

Using AI to abstract leases can bring about more standardization in the lease abstracts

When you have a team of lease abstractors abstracting your leases, ensuring that all your lease abstracts are standardized may be challenging, as there are chances of slight variations in the lease abstract’s language and wordings, even if the content in the lease abstracts is accurate. Automation and AI can bring about more consistency in this regard. But, that’s not the only solution. An experienced lease abstraction services vendor can help you resolve challenges such as lack of language consistency in your lease abstracts by a) Creating a well-defined lease abstraction template for you and b) Deploying a well-trained, team of professional lease abstractors and lease administrators who are trained to follow specific lease abstraction standards.

Using AI to abstract leases may be slightly cheaper

Deploying AI for lease abstraction can also be cost-effective in comparison to having a large in-house lease abstraction and administration team. You could deploy automated lease abstraction and employ just a handful of experienced lease administrators to refine the output. However, there are other costs to consider such as the software license fee that you would be paying to the lease abstraction software vendor, training costs associated with training your in-house lease abstraction and administration team on the software and of course, there’s always some risk involved when investing in any new technology. 

What if you discover that the lease abstraction software isn’t a right fit for you? While in the case of SaaS (Software as a Service) model, you may be able to simply discontinue using the lease abstraction software once your contract ends, you would’ve already invested a lot of time, effort and money in migrating all your leases into the new tool.

While deploying AI in your next lease abstraction project may not be a bad decision, you cannot rely on AI alone for your lease abstraction, administration or lease portfolio management needs. Every single AI-based output such as a lease abstract or a CAM reconciliation calculation should ideally be cross-verified and checked by an experienced lease abstraction and administration professional.

 This is important because, no two leases are the same, and there are often instances where information is in different formats such as a handwritten note or an email. Plus, in cases where human diligence is required, AI may fall short as it is no match for years of professional experience or expertise.

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Budgeting for Common Area Maintenance (CAM) Expenses

Common area maintenance (CAM) charges are the tenant’s share of expenses that they owe the landlord. CAM charges are paid by tenants to reimburse the landlord for expenses incurred by them for

Maintaining common spaces such as elevators, lobbies, stairwells, parking, etc.

Services that benefit all tenants such as snow removal, trash removal, security, etc.

CAM charges are divided among all tenants based on their pro-rata share, which is calculated based on the area leased by the tenant. A tenant with a larger leased area will pay a greater percentage share of CAM expenses than one with a smaller area.

Budgeting in CAM

In order to help tenants and landlords plan better and ensure no single party has to bear a load of a sudden, unforeseen large expense in the form of CAM charges, landlords resort to budgeting. Budgeting for CAM involves estimating the CAM expenses for the year for the entire property, computing each tenant’s share of expenses based on the estimate and sharing that with them, so they can prepare for the expenses accordingly and also make payments to the landlord as stipulated in the lease. 

The CAM expense budget is usually prepared based on the previous year’s actual expenses incurred. At the end of the year, the estimates are verified against the actual expenses incurred by the Landlord and invoices are raised to the tenant for any additional charges that need to be paid. Similarly, in the event of any overpayment, the same is credited back to the tenant.

This is where CAM reconciliation enters the picture. Tenants don’t have to simply take the landlord’s word for it. They have every right to verify if the landlord’s computation of CAM expenses is accurate. In fact, they should, because the onus of proving otherwise is on the tenant. Retail tenants with a significant number of leases can save hundreds of thousands of dollars through CAM reconciliation alone. The challenge is, CAM Reconciliation has to be done within the stipulated time frame offered by the lease, which usually varies between a month to three months, at the most. However, this is not something tenants can let slide because it has far-reaching implications. 

For example, in the case of leases where CAM expense hikes or rent increases are calculated based on the previous year’s share, any error in CAM computation can embed itself in the lease affecting pushing the overall lease cost high, impacting the lease ROI negatively in the long run.

CAM overpayments are not uncommon–especially in the case of retail tenants because their lease portfolio is usually quite vast. Keeping track of their lease expenses across hundreds or even thousands of leases spanning across multiple locations is tricky. Even if you invest in a good lease portfolio management system or lease administration software, there’s a considerable amount of human effort involved, which makes it challenging to identify overcharges and bring them to the landlord’s notice for rectification. 

Considering CAM reconciliation is an annual exercise, it makes sense to outsource it to a trusted lease administration service provider who can handle the entire process, right from scrutinizing the invoices raised by the landlord, re-computing the tenant’s pro-rata share of the expenses to coordinating with the landlord’s lease administration team in the event of any discrepancies or need for further clarification.

Rebolease.com, powered by RE BackOffice, Inc., is a premier provider of lease abstraction, administration, audit and accounting services. Headquartered in Pittsburgh, PA, we are a global boutique firm, providing high-quality services to top-tier clients across industry verticals, covering every type of lease and on any lease platform. We are proud to be a  trusted partner, for 15+ years, to leading retailers, REITs, property owners/managers, and corporate accounts seeking a strategic advantage. All client projects are performed in-house.

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Best practices for CAM reconciliation from the Landlord’s perspective

Usually, CAM charges and reconciliation are discussed a lot from the tenant’s perspective. After all, the onus of pointing out any discrepancies in the CAM calculations lies with the tenant and not the landlord. However, the CAM reconciliation season can be quite a handful for landlords as well.

 When clients point out inaccuracies or inconsistencies in CAM computations, the Landlord has to cross-verify if the client’s claims are true, and if so, then make the necessary changes. Incorrect CAM computation is a major hassle for the Landlord as well. Our blog this week discusses some best practices that Landlords can follow to ensure their CAM charges computation is accurate.

Check your invoices and general ledgers

Start by checking your books of accounts and invoices that came in. CAM charges are basically common area maintenance expenses that are divided amongst the various tenants on the property. CAM expenses include various components such as common area utilities, elevator maintenance, parking lot maintenance, centralized HVAC charges, snow removal expenses, etc. The elements included in the CAM header may vary from lease to lease. But, the point is, no matter what is included in the CAM header it would have an invoice. 

For example, the utility company would’ve invoiced you on a monthly/annual basis for the common area utility consumption, you may have an invoice from the trash or snow removal company, etc. So, the first step in ensuring your CAM computations are accurate is to review your ledgers and compare the amount therein with the invoices you received from the vendor who provided those services to you and make sure that you have not missed out or overcharged your tenants for any of them.

Occupancy throughout the financial year

Occupancy is a key factor affecting the pro-rata share of tenants when it comes to CAM charges. Depending on the gross-up terms and conditions agreed upon between the landlord and the tenants, the tenant’s pro-rata share of CAM expenses will vary if the occupancy rate of the premises fluctuates. In order to ensure your CAM computations are accurate, ensure that you have taken into consideration any changes in occupancy rate including move-ins, move-outs, expansions, contractions, etc.,

Pro–rata share calculations

Pro-rata share calculations are, of course, the cornerstone of CAM charges computation. Ensure you have calculated the pro-rata share accurately for each tenant because that determines the final amount they owe you as CAM charges.

Exclusions and caps

In order to ensure the accuracy of your CAM calculations, make sure you pay attention to exclusions and caps. Exclusions in your leases will point out to expenses that are not a part of the CAM header. You won’t be able to pass on expenses that are excluded to tenants. Similarly, your leases will also specify caps, if any, on your CAM charges. Caps force you to limit CAM expenses to a certain pre-approved threshold, which is usually a percentage of the previous/base year’s expenses. Make sure your CAM computations are in line with the caps specified in your leases.

Irrespective of whether you are a landlord or a tenant, CAM computation and reconciliation can be complicated and time-consuming and can put a severe strain on your internal lease team during the audit season. In such a scenario it may be beneficial to outsource your CAM audit and reconciliation tasks to an expert lease administration company.

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Understanding different types of CAM Computations

CAM or Common Area Maintenance charges are a critical component of Triple Net leases. Our blog this week discusses the various types of CAM calculations that may find their way into your lease. But, before you proceed, if you’d like a quick refresher on what CAM constitutes, please check out our last blog post, CAM (Common Area Maintenance): An Overview.

Fixed CAM

Fixed CAM refers to a fixed amount of CAM charges that would be levied on the tenant. When CAM is computed on a fixed basis, there are some advantages to both parties, i.e, the landlord and the tenant. For the tenant, there’s a sense of certainty and security in the sense that the tenant doesn’t have to pay more even if their pro-rata share becomes higher owing to the lower occupancy rate of the leased premises. This is because, in the case of Fixed CAM, regardless of the occupancy rate and the tenant’s pro-rata share they will continue to pay the CAM amount agreed upon in the lease. Also, since the different expenses under the CAM header are not calculated and consolidated to arrive at the CAM share of the tenant, there’s no scope for CAM audits or year-end reconciliations and adjustments. 

From the landlord’s perspective, irrespective of the actual expense incurred, they will get the fixed CAM amount, which will work in their favor if the actual expense incurred is less than the fixed amount. This arrangement works best when the tenant and landlord have a long-standing, trusted relationship. The fixed CAM amount is generally what is considered fair and reasonable by both parties. Also, sometimes, the parties may agree to include a clause to safeguard themselves and include certain expenses under the CAM header in the Fixed CAM category and charge/pay some others on a pro-rata basis based on the actual expense incurred.

Limiting CAM Charges when not opting for Fixed CAM

Fixed CAM is not very common and tenants usually opt to pay for CAM expenses as a percentage based on their pro-rata share. However, in such cases, there’s always an underlying fear of the lease ROI being affected negatively for the tenant due to unforeseen increases in CAM charges. This challenge is resolved by putting a cap on CAM charges. There are different ways in which CAM charges can be capped to safeguard tenants’ interests.  Any CAM charge hikes are limited to a pre-decided percentage of the base year’s CAM expenses or the previous year’s CAM expenses. The percentage rise may be calculated on a cumulative or compounded basis, depending on the lease agreement.

If, as a tenant, you are not opting for Fixed CAM, please be sure to conduct regular CAM audits and reconciliation to ensure you are not paying more than what you owe in terms of CAM chargers. You also need to understand the various factors and clauses in the lease that will affect your share of CAM charges.  CAM audits and reconciliations by a reputed lease administration services provider can help you save hundreds of thousands of dollars annually, especially if you are a tenant with leased premises across multiple locations.

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CAM (Common Area Maintenance): An Overview

CAM or common area maintenance charges are an important element of the rent roll. As the name signifies, CAM charges refer to the expenses incurred by the Landlord on account of maintaining the common areas of the leased premises. Since these areas are common and shared by all tenants, landlords usually split the common area expenses amongst all the tenants. Sounds simple, doesn’t it? However, CAM is one of the most complex elements of the rent roll and it is extremely important from a tenant’s perspective to get it right. This is because there are various factors influencing the CAM charges right from how it is calculated to what elements are included therein. It is not uncommon for Landlords to overcharge their tenants when it comes to CAM expenses because of oversight or confusion regarding how the CAM expenses are to be calculated.

How are CAM charges calculated?

CAM charges are usually calculated on a pro-rata basis, meaning, the total CAM expenditure is divided amongst the tenants in the building based on the ratio of their leased space. For example, a tenant who has leased 2000 square feet in a building will pay a higher CAM amount than one who has leased 1000 square feet of space in the same building. Another factor that can affect the CAM charges’ calculation is the occupancy rate. Since the entire CAM expense is shared on a pro-rata basis among tenants, a higher occupancy rate translates to lesser CAM charges per tenant, as there are more tenants sharing the load.

What elements constitute CAM charges?

Usually, CAM charges include the costs associated with maintaining the common areas and facilities of the leased premises. This includes lobby areas, stairwells, elevators, parking lots (in some cases), etc., Generally, CAM charges don’t include any capital expenditure incurred with respect to the common areas, though they may be amortized by the landlord over a period of time.

Are CAM charges the same as operating expenses?

Though sometimes used interchangeably, CAM charges are not the same as operating expenses. The term, operating expense is much more vast and covers additional expense items apart from those included in under the CAM charges head. Examples include Taxes and insurance.

Are you being overcharged? Your lease has all the answers!

At the end of the day, the answers to all the questions regarding CAM lies in your lease. Your lease specifies everything you need to know about your CAM expense calculations such as,

What constitutes CAM in your case?

How are the CAM charges calculated?

Are there any specific exclusions to the CAM charges head?

To stay on top of your leases from the CAM charges perspective, you need to do two things. The first is obviously getting your leases abstracted. A lease abstract will provide you quick access to the CAM charges data that you need and, the second step is to get a CAM audit done annually. CAM audits and reconciliations by a reputed lease administration services provider can help you save hundreds of thousands of dollars annually, especially if you are a tenant with leased premises across multiple locations. Plus, If there are any discrepancies in your CAM calculations, the lease administration company to which you have outsourced the CAM reconciliation work will be the one getting in touch with your landlord. In general, this scenario is better accepted by Landlords, as the lease administration company comes across as a more reliable, third-party than your own internal team when reaching out to your Landlord. Plus, lease administration companies specialise in this kind of communication and usually have a process or protocol which is generally well-received by the other party.

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The four-pronged approach to lease abstraction: A must for lease abstraction project success

A lease abstraction project is complex by nature. There are usually hundreds of leases to be abstracted, multiple documents to be referred to and a lot of key data to be captured. It involves investing considerable time, money and human resources. So, it makes sense to ensure that every lease abstract you generate serves its intended purpose, providing critical information as required by all stakeholders across the organization. Sometimes organizations lack foresight or fail to put in enough thought into their lease abstracts or lease abstract templates and as a result they end up not leveraging the resources deployed for the lease abstraction project fully in the first go. After sometime, as the abstracts start being used across the organization or when a certain set of stakeholders need quick access to specific data sets present in the lease, they realize that they have missed capturing certain data points. This entails having the leases or specific data points from the leases abstracted again, which is naturally expensive. Having a four-pronged approach to lease abstraction can help organizations avoid this pitfall. This approach covers 4 key data types namely,

Financial

This involves tracking and optimizing every aspect of the company’s portfolio of leased assets that will add value to the entire leased portfolio and can also make a huge impact on the outcome of the financial report. Examples include rent and other payment obligations, Security Deposit, Tenant Improvement allowance, etc,.

Operational

This involves tracking critical lease dates and highlighting potential liabilities, which, if missed could result in serious financial implications to a company’s bottom line. For example, missing notice period, renewal options, last date of rent payment, etc., or, not understanding or accruing a potential lease liability and its obligations such as using the premises for sale of goods or services not permitted in the lease.

Compliance

Whenever there’s change in regulatory requirements that impacts how your leases and the components therein are shown in the books of accounts, it will result in some changes in your lease abstracts. The most recent example is the FASB/IASB regulations that categorized the leases as operating leases, capital leases, leases with right to purchase, etc., thus bringing about changes in the way they are accounted for, in effect, requiring the lease abstracts to be restructured to comply with them.

Emergencies

The COVID-19 pandemic brought to light the need to explore various clauses, which were otherwise, probably not considered important to be included in lease abstracts. An example is when, during the peak of the pandemic a lot of tenants, especially in the retail industry, had to act swiftly to exercise the options in their leases that offered them some respite as their finances hit rock-bottom due to lockdowns and shelter-in-place restrictions brought on by the pandemic. Examples include exercising the Force Majeure clause that may allow the tenant to terminate the lease before the end of the term or allow for rent abatements or suspension in exigencies such as the pandemic.  

If you are not sure of what data points to include, consult an experienced lease abstraction vendor. They will be able to identify them for you and help you build a lease abstract template that caters to the needs of all the stakeholders in your organization.

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A Quick CAM Audit checklist for tenants

Common Area Maintenance (CAM) charges form a major chunk of your lease costs. It is not uncommon for tenants to find that they have been overcharged erroneously by the Landlord. In our blog this week, we provide a checklist that tenants can refer to when verifying their CAM charges. This checklist highlights the most common areas of error when it comes to CAM Charges.

New tenants moving into the property mid-lease year or existing tenants expanding their area

Generally, CAM expenses are shared on a pro-rata basis among all the tenants in the premises. This means, if you move into an empty building or a building with fewer tenants, the CAM charges will be higher. At the same time, if new tenants move into the premises, the pro-rata share per tenant will decrease as the total CAM expenses will now be shared by all the tenants, including the new ones. So, one of the areas to consider when auditing your CAM expenses is, if there were any new tenant move-ins during the lease year. Along the same lines are expansions. Sometimes, an existing tenant may lease out more area in the premises which will again affect the CAM share of other tenants by lowering their CAM expense.

Amortizations

Sometimes, leases allow landlords to charge tenants for certain capital expenditures that they incur. Usually, such expenses are a result of specific capital improvements undertaken by Landlord for the tenant(s). The Landlord may then amortize the amount over the entire lease year. As a tenant, you may want to confirm if the amortization calculations are accurate. Similarly, as in the case of CAM, if the capital improvements pertain to a common area or all leased locations within the premises, then the amortization amount may also differ once the occupancy in the leased premises increases.

Expense caps

Another thing to consider is the limit on expenditures, commonly referred to as expense caps. Check your lease agreement to understand the kind of expense cap it enforces. When you have an expense cap clause, it specifies the percentage by which the Landlord can hike the CAM charges every year. Make sure the calculations presented by your landlord are in line with the expense caps your lease specifies.

Exclusions

Last, but not least, check for any exclusions that may have been wrongly charged to your account. Leases often explicitly state certain expenses that the landlord cannot charge the tenants for. Check every item in your CAM/Operating expense header to ensure that they are not a part of your exclusion clause.

Though helpful, this checklist is just a starting point. A detailed CAM audit and reconciliation will identify any discrepancies that may exist across various areas and help you save significant amounts of money.

Rebolease.com, powered by RE BackOffice, Inc., is a premier provider of lease abstraction, administration, audit and accounting services. Headquartered in Pittsburgh, PA, we are a global boutique firm, providing high-quality services to top-tier clients across industry verticals, covering every type of lease and on any lease platform. We are proud to be a  trusted partner, for 15+ years, to leading retailers, REITs, property owners/managers, and corporate accounts seeking a strategic advantage. All client projects are performed in-house.

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The Lease Abstraction Process & its Stakeholders

When getting your leases abstracted, you should consider the stakeholders who will be using the lease abstract information. This is important because only when you identify the stakeholders and each of their requirements, will you be able to create lease abstracts that capture all the data they need.

When it comes to identifying the stakeholders and their requirements in terms of the lease data being abstracted, communication is the key. You need to find out who will be relying on the lease abstracts and for what purposes. Stakeholders can be found across your organization, in different teams including-

Operations

Accounting

Finance

IT

Legal

All of these teams will have an interest in the various different aspects of leases and you need to find out what they are and ensure that your lease abstracts cover those elements. Once you clearly identify all the stakeholders, the next step is to understand their requirements. What information will they need from the lease abstracts? The answer to this question will help you arrive at the key data points that are to be abstracted.

At the time of finalizing the data points based on the various stakeholder’s requirements, you may come across various data capture requests. As a best practice, you can divide them into two different categories–one that lists the must-have data fields and another that lists those data fields which are good to have, along with reasons why. You can use this list to later finalize your lease abstract data elements.

Bringing all the stakeholders onboard and understanding their needs before you start your lease abstraction project will ensure that your abstracts are comprehensive and don’t miss out any key information. Otherwise, you may miss out on critical data elements, requiring you to go back and get your lease abstracts updated by adding abstracts of those clauses later on.

Rebolease.com, powered by RE BackOffice, Inc., is a premier provider of lease abstraction, administration, audit and accounting services. Headquartered in Pittsburgh, PA, we are a global boutique firm, providing high-quality services to top-tier clients across industry verticals, covering every type of lease and on any lease platform. We are proud to be a  trusted partner, for 15+ years, to leading retailers, REITs, property owners/managers, and corporate accounts seeking a strategic advantage. All client projects are performed in-house.

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Questions to ask in the pre-lease abstraction phase

Lease abstraction projects can be divided into 2 phases, namely, the pre-abstraction phase and the post-abstraction phase. The pre-abstraction phase is extremely important as it sets the tone for the rest of the project. The success of a lease abstraction project largely depends on the actions taken during the pre-abstraction phase. Our blog this week discusses a few questions that must be answered during the pre-abstraction phase in order to ensure the lease abstraction project is fruitful.

Question #1: What are the different lease types?

Before starting your lease abstraction project, you need to consider the different lease types that you have. These include equipment leases, real estate leases including property and ground leases. This is an important factor, because the information you capture and the lease abstract format will vary depending on the type of lease.

Question #2: Where are the leases located?

Another factor to consider is the lease location. This question has two parts to it. First is in terms of lease documents storage and location. Questions to answer from this perspective are

Do you have digital copies of the lease documents?

Where are they stored and are they easily accessible?

What is the quality of the documents in terms of readability?.

The second part related to the location of the leased premises which may affect the actual language in which the leases are drafted and also the interpretation of clauses due to differences in lease/legal language from region to region. This is important because it impacts how you approach your lease abstraction process. As a best practice, when dealing with multilingual leases, it is generally more economical, efficient and even accurate when the lease abstract is created in English directly rather than abstracting in the local language and then translating the abstract to English.

Question #3: How is the lease portfolio currently managed?

The next item to consider is the current situation of the lease portfolio. How is the lease portfolio currently managed and by whom? Do you have enough resources to stay on top of your lease portfolio and keep it updated, always? Do you have a well-staffed lease administration team or do you rely on a few lease administrators for management of your lease portfolio? In that case do you have a back-up if your lease administrator quit? These are some of the questions to be answered at this stage. Another factor to think about is whether you have a lease management system in place or are you relying on spreadsheets? While spreadsheets have their benefits, a dedicated lease platform can be a more effective tool for lease portfolio management. So, if you are having your leases abstracted, and are using spreadsheets, it might also be a good time to consider migrating to a lease administration platform that can help in lease management throughout the lease lifecycle.

Rebolease.com, powered by RE BackOffice, Inc., is a premier provider of lease abstraction, administration, audit and accounting services. Headquartered in Pittsburgh, PA, we are a global boutique firm, providing high-quality services to top-tier clients across industry verticals, covering every type of lease and on any lease platform. We are proud to be a trusted partner, for 15+ years, to leading retailers, REITs, property owners/managers, and corporate accounts seeking a strategic advantage. All client projects are performed in-house.

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Lease Abstracts: Know where you really stand

Lease abstracts are critical to effective lease portfolio management. Lease abstracts offer a summary of the key financial and non-financial elements of a lease thus allowing the landlord or tenant to have timely access to important lease data without having to pore through the entire lease and related documents. However, for lease abstracts to be really useful and serve their purpose, it is important that they are

Accurate

The data in the lease abstracts should be 100% accurate and convey exactly what is stated in the lease document. There’s no room for interpretation or errors in this regard.

Comprehensive

Your lease abstract is a summary of important lease clauses–both financial and non-financial. It is essential that your lease abstract is comprehensive in the sense that it covers all the key terms and captures their essence completely. While there are a few clauses that always find their way into lease abstracts such as rent, renewal options, etc, there may be other clauses that may have to be captured depending on your needs or circumstances. For example, recently, when the COVID-19 pandemic struck, clauses such as Go-Dark, Co-tenancy, Anchor Tenant, Rent Abatement, etc., garnered a lot of importance.

Not missing any critical dates

While this may seem obvious, it is surprising how many lease abstracts miss capturing something as critical as the commencement date. One of the reasons is, often leases are abstracted as soon as they are executed and the commencement date may not have been filled in the original lease document. Such abstracts must be revisited and updated.

So, if you already have lease abstracts, it is time to take a good look at them and find out where you really stand in terms of their utility. Are your lease abstracts really serving their intended purpose? A lease audit can help you determine this and also identify the data lacunae and inaccuracies.

Partnering with a trusted lease abstraction service provider ensures your lease abstracts are 100% accurate, comprehensive and complete with no missing data!

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Combating attrition and resource shortage in Lease Administration effectively with a trusted Lease Administration Service provider

Staying on top of lease portfolio takes time and effort–consistently. It is not a one-time process, or something that you do, when time permits. At the same time, there are some aspects of lease portfolio management that demand a lot of time initially and then, only minimal investment of time, on an ad-hoc basis. Lease abstraction is one such element. You will need accurate and comprehensive abstracts of all the leases in the lease portfolio in order to manage your lease portfolio efficiently. However, once the lease abstracts are ready and entered into your lease administration software platform, they’ll most likely only need to be updated in the event of any amendment to the original lease agreement. But, there are other elements in the lease management process that require consistent attention, and this is where most organizations fall behind.

Organizations are often short-staffed when it comes to lease administration due to numerous reasons, one of them being the high cost associated with the lease administration process as a whole. Lease administration resources are considerably expensive. Add to that the training and retaining costs that accumulate over time, the lease administration process in itself becomes costly.

Secondly, the rate of attrition is extremely high in the lease administration sector which affects time-sensitive lease portfolio management tasks as a result of which organizations fall behind on tasks like invoicing, reconciliation, CAM audits, and other timely updates.,  

Outsourcing lease administration functions fully or even partly to a trusted lease administration company can help organizations stay on top of their lease portfolios and, at the same time, enjoy more cost-efficiency, scalability, and flexibility. Even organizations with in-house lease administrators can leverage the expertise and benefits that an outsourced lease administration vendor brings to the table. Some key benefits include-

The obvious reduction in training and HR-related expenses that are a part of a large in-house lease administration team

The flexibility to scale up or down their lease administration resources based on their lease administration needs

Partnering with a trusted lease administration service provider ensures you stay on track and don’t miss critical timelines due to resource constraints and have access to critical lease data that helps drive key strategic decisions in a timely manner.

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Are you paying too much rent?

Rent is one of the key components of any lease. In fact, the rent roll is the core of any lease agreement. However, it can also be one of the most complicated elements. Sometimes, owing to its complexity, tenants may even end up paying more than what they owe. In this blog, we discuss what constitutes the key elements of the rent roll that tenants shouldn’t ignore.

Rent per square feet

If your rent is calculated per square foot, you need to ensure that the base of this calculation is correct–which is the leased space or sometimes referred to as square footage. Sometimes, even a minute error in lease square footage calculation can make a vast difference in the final amount that is levied on the tenant. This is especially true when the base rent, CAM charges, and other operating expenses are calculated on a per-square-foot basis. Learn more in this blog post

Any rent-rise indicators

If your rent hikes are pegged to any other economic indicators such as the Consumer Price Index (CPI), you need to ensure the data related to the indicator is accurate. Any changes resulting due to changes in the base price index need to be accounted for accurately and reflected in the rent roll.

What about CAM?

In net leases, CAM charges constitute a considerable chunk of your rent roll. Verifying CAM charges and ensuring the amounts levied are accurate is complex due to the nature of CAM elements. CAM includes multiple headers and complicated computations that often leave room for interpretation and also increase the chances of miscalculations. You need to be aware of the various components of your CAM charges and how they are computed for you as per your lease. For example,

What happens if you moved into a fairly empty building that’s only gradually filling up?

How is the CAM divided among the existing tenants including you, until the time there’s 100% occupancy?

What will be the repercussions on your CAM charges as new tenants are signed up.

As a tenant, it is very important to ensure that you have a solid understanding of your rent structure and the various elements that constitute your rent roll. It is also essential that you track them, consistently to ensure there are no errors, as errors that are embedded in the lease, year, or year can cost you dearly even impacting your key real-estate-related business decisions.

Two things that can help you in this regard are

Timely CAM audits by an experienced lease services provider who will scrutinize your invoices, CAM calculations, and other related charges levied by the landlord to identify any errors and have them rectified for you.

Accurate lease abstracts that simplify complex lease terms for you without diluting their essence so you understand your rent roll and related components clearly.