Lien - A right given by law to a creditor to have a debt or charge satisfied out of the property of the debtor. It applies to a particular piece or pieces of real or personal property.
Lien waiver - A waiver of mechanic's lien rights signed by a general contractor and his subcontractors.
Load factor - The amount of square footage is a lease, in addition to a tenant's usable square footage, which represents tenant's pro rata share of the building's common area/s. May also be referred to as a percentage of building's rentable square feet.
Market data approach - The process of estimating the value of property through the examination and comparison of actual sales of comparable properties.
Market value - The highest price that a buyer ready, willing and able but not compelled to buy, would pay, and the lowest a seller ready, willing and able but not compelled to sell, would accept.
Mechanic's lien - A claim provided for under state statutes securing the priority of payment for the value of work and materials furnished in the construction or repair of real property.
Month-to-month - A lease for a specific period of time, usually one month, which automatically renews itself for the same period of time, unless landlord or tenant provide notice to terminate.
Net lease - Structured such that a base rent for a rental property is paid to landlord. In addition, other charges such as utilities and building property taxes, insurance and maintenance are also payable by tenant. Sometimes referred to as triple net or absolute net lease.
Net operating income (NOI) - The effective gross income from a property minus operating expenses.
Notice of commencement - Legal notice to the county's register of deeds that remodeling/improvements will be undertaken at an address.
Notice of furnishing - Legal notice by a subcontractor or supplier that it furnished labor or materials, subsequent to the notice of commencement, thereby establishing the legal right to be paid for the services rendered.
Obsolescence - Lessening of value due to being out of date (obsolete) as a result of changes in design and use; and element of depreciation.
Offer to lease - An agreement that binds the lessor to continuing negotiations in good faith once a qualified tenant has been found, until all negotiating points have been covered. In effect, it takes the space off the market during the negotiating period.
Open listing - A listing contract under which the broker's commission is contingent upon the broker producing a buyer before the property is sold by the owner or another broker.
Operating expenses - The costs associated with operating income producing property usually before interest and income tax expense, but including property taxes, insurance, repairs and maintenance, replacement reserves.
Option - A term in a lease for the rights either tenant or landlord may have with respect to one another, usually with stipulations regarding timing of those rights.
Partition wall - A wall constructed to create work areas such as offices or conference rooms. Depending on security needs, a partition wall may not be constructed to the roof or floor decking, but may terminate at lower point such as a suspended ceiling.
Pass-through expense - An expense associated with tenancy in which landlord "passes through" to tenant certain increases in building operating expenses occurring after a base year in the lease.
Percentage lease - Provides for a rent to be paid as a percentage of retail sales, usually quarterly or annually. Often coupled with a base rent.
Personal Property - Items that do not fit the definition of realty; movable objects.
Planned unit development (PUD) - A zoning category in which each of the proposed buildings or uses are approved in advance as a part of a parcel's overall use. Usually preserves large common or open areas on a site.
Premises - In commercial real estate, the description of the leasehold and the specific square footage for which the parties enter into a lease.
Prime tenant - A tenant who occupies a great portion of the space available within a given building that may, in addition, be owned by that tenant.
Principal - (1) A sum lent or employed as a fund or investment, as distinguished from its income or profits; (2) the original amount (as of a loan) of the total due and payable at a certain date; (3) a party to a transaction, as distinguished from an agent.
Principal and agent - The relation created by express or implied contract or by law whereby one party delegates the transaction of some lawful business, with more or less discretionary power, to another who undertakes to manage the affair and render an account thereof.
Public corridor - The space that leads to different tenants' spaces from a service core.
Punch list - A list of incomplete or unacceptable construction items which upon remedy and completion will usually complete the obligations of the contractor under a construction contract.
Real estate broker - A person licensed to act as an agent for another person or business to negotiate a lease or purchase of a leasehold or property, respectively, for a fee.
Real property - The land and anything permanently attached to the land such as buildings, parking lots, landscaping, or other items which would otherwise be classified personal property if not attached, excluding fixtures designed to be removable and reusable.
Redemption period - A period established by state laws during which the property owner has the right to redeem his or her real estate from a foreclosure or tax sale by paying the sale price, interest and costs.
Renewal option - Lease language that provides the means for tenant to give landlord notice of its intent to renew (extend) the lease.
Rent commencement date - The date upon which the rent and usually the term of the lease begins. May be different from the lease commencement date when certain obligations must be fulfilled such as the construction of tenant improvements.
Rentable area - Denotes the number of square feet in a commercial building deemed to be rentable, according to BOMA. May include a common area load factor or allowance for building amenities such as hallways and lavatories.
Replacement cost - The current cost of replacing the subject property with property having exactly the same utility and amenities.
Rules and Regulations - Building standards that are binding on the tenants are usually set forth in a part of the lease covering such things as use of common areas, door lettering, signs, noise, odors, moving or installation of equipment, special locks, etc.
Sale-leaseback - A financing arrangement usually designed to raise capital for the property owner or obtain favorable income tax results.
Save harmless - To indemnify another; to secure another against loss or damage or claims of a third party. Often referred to as hold harmless.
Scheduled gross income - The rental rate of a property multiplied by the total rentable space.
Security deposit - Generally, a deposit of money by a tenant with a landlord to secure performance of a lease.
Setback - Zoning requirement that requires a building or an improvement to be set back a certain number of feet from the property line.
Shell space - The interior condition of either a new or existing building without improvements or finishes. Typically denotes floor, windows, walls and roof of an enclosed premises. May include some electrical or plumbing improvements, but not demising walls.
Space planning - Architecturally designing any space with all the amenities and mechanical gadgets to make it more functional for the occupants. Besides amenities, gadgets and good communication systems, it includes better sound and light control within the space.
Special assessment - Any special charge levied against real property for public improvements the benefit the assessed property.
Sublease - A lease executed by the lessee of an estate to a third person that conveys the same estate for a shorter term, or a portion of the estate for the same or a shorter term, is a sublease.
Subordination agreement - An agreement by which the tenant agrees to the priority of a mortgage over the leasehold interest, or other claim held by the tenant on the property.
Substantial completion - The point during construction at which the contractor is ready to turn the property over to the tenant or client for acceptance and final punch list. Usually occurs upon the issuance of a certificate of occupancy.
Tenancy at sufferance - A tenancy that exists when, after expiration of a lease, the tenant remains in possession without the consent of the landlord or the person entitled to possession. No notice is required to terminate this tenancy.
Tenancy at will - One wherein the landlord agrees that the tenant may stay in possession after expiration of the lease and pay rent for the time the space is occupied, until either landlord or tenant desires to terminate the tenancy.
Tenant representation - Arrangement whereby a prospective tenant engages a real estate broker as its exclusive agent in negotiating a lease for commercial space. Also know as a "buyer's broker."
Tenant’s use clause - Lease language which specifies the business activities tenant will engage in at the leased premises.
Trade fixtures - Certain fixtures installed at the premises which are unique to tenant's business, and which may generally be removed by tenant at the end of the term of the lease.
Unit office space - Fully enclosed or semi-enclosed space, providing workspace for a single occupant and involving a circulation provision required to access the space.
Usable square feet - Denotes the number of square feet in a commercial building or suite deemed to be usable by BOMA.
Wet columns - Columns where provisions are made to have a plumbing fixture for drinking fountains, sink, etc.; the pipes are taken through the small enclosure (chase) against the column.
White box - The interior condition of either a new or existing building or suite in which the improvements generally consist of heating/cooling with delivery systems, lighting, electrical switches and outlets, lavatories, a finished ceiling, walls that are prepped for painting, and a concrete slab floor. Also called a "vanilla box".
Working drawings - Detailed floor-space plans that diagram all improvements to be made. They are designed as instructions to the various contractors involved.
Work letter - That part of the lease stated in detail pertaining to all work that is to be done for a tenant by a landlord