Gross-Up
A lease mechanism that adjusts variable operating expenses upward to reflect what they would have been if the building were fully occupied (typically 95%). Gross-ups are designed to ensure each tenant pays their true share of common costs.
Firm impact
Gross-up violations are math-intensive and hard to catch without tooling. The firm that can quickly verify which expenses qualify for gross-up (variable only) versus which don't (fixed: insurance, taxes, management fees) can produce a defensible finding most tenants review committees have never seen.
How this gets abused
A landlord grosses up insurance premiums, a fixed expense that does not vary with occupancy. At 70% occupancy, the landlord inflates the $200,000 insurance bill to $285,714. Tenants pay 43% more than the actual insurance cost with no contractual basis.
Practitioner note
Always pull the gross-up clause and request the landlord's expense categorization (variable vs. fixed) before running the math. The most common violation is applying the gross-up factor to the entire operating expense pool rather than only to variable expense categories.
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Frequently asked questions
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