Signing a NNN in the next month, need some advice on the lease specifics if someone can help!
About to sign a Triple net lease for a retail store location. Within the next month it will be finalized.

Landlord gave me free rent for 5 months for the build out. But I still have to pay taxes and maintenance. Can I negotiate this? Definitely not what he said on phone or LOI
[{"id": "iayvuoz", "text": "What did it say in the loi?", "replies": [{"id": "iayw9t4", "text": "First month rent and taxes isn\u2019t due till after the 5 months are done. And they changed rolling guarantee on me from 3 to 6 months. \n\nShould I have my lawyer speak with them or should I?", "replies": [{"id": "iaywz9m", "text": "Absolutely, yes, have your lawyer reach out", "replies": [], "depth": 3}], "depth": 2}], "depth": 1}, {"id": "iaywx8v", "text": "1. What does the LOI say. \n\n2. Did you have an inspection on the major items- plumbing/ac?. Depending on the area size- a replacement AC unit can be quite a bit.", "replies": [{"id": "iazs71u", "text": "It\u2019s a new space. Brand new everything.", "replies": [], "depth": 2}], "depth": 1}, {"id": "iayzgvd", "text": "So typically in most case scenarios the tenant is required to pay operating expenses while they\u2019re in the premises during the free rent**. What you need to outline is early access which is basically your ability to get into the space prior to the lease commencement that is when you are not on the hook for any expenses. It really depends on the market and** the landlord but in some cases a tenant that needs a certain build out will request an early access of XYZ time which the landlord may or may not agree to. Usually it\u2019s mutually agreed-upon, And then you eat into some of your free rent to finish up the work. But if the lease starts you\u2019re technically on the clock.", "replies": [{"id": "iazsaey", "text": "Yupp we\u2019ve started the bidding process and architect stuff.", "replies": [], "depth": 2}], "depth": 1}, {"id": "iazk8or", "text": "How long does it take you to build your store? You should ask for 90 days to build free and 90 days while open free. You should ask for a tenant inducement ie money for your buildout and hvacs certified and if they need replacement landlord will do it and charge you back over usable life.  You can also negotiate landlords work ie rough in whatever. I\u2019m really good at this lol - you should get an commerical broker you pay them via rent anyway", "replies": [{"id": "iazsdcv", "text": "I\u2019d say 3-4 months to build and furnish. 4 months worse case scenario if everything goes horribly wrong", "replies": [{"id": "ib0xaak", "text": "Make sure to take permitting into account and the time it takes for your architect to have plans ready etc.  That can be the most time.", "replies": [{"id": "icnaffx", "text": "That\u2019s a very good point.", "replies": [], "depth": 4}], "depth": 3}], "depth": 2}], "depth": 1}, {"id": "iazmzff", "text": "You can negotiate anything.", "replies": [], "depth": 1}, {"id": "ib02fnz", "text": "What kind of biz do u have?", "replies": [{"id": "ib055do", "text": "Pet retail and dog grroming", "replies": [{"id": "ib0twt9", "text": "Congrats- that\u2019s a gr8 biz!!  Don\u2019t underestimate your mechanical loads and fresh air cfm.  If your Mech plan reviewer throws the code at you, the occupancy load will include dog generated btus and your loads will be calculated at 1 dog per 5-7 SF, resulting in a shit ton of required cooling.  Then you\u2019re upgrading elec to pwr that shit.  Don\u2019t under estimate health department.  You\u2019re going to spend a small fortune on FRP at wash stations.  $1800 Franklin strainers on each dog wash drain so hair doesn\u2019t clog drain.  Antiscalding devices so dogs do t get burnt by hot water.  If your plan reviewer enforces any iteration of the IBC, you\u2019re looking at 6-8 mons build out.  GCs and subs are run ragged.  Just make sure you can get out of the lease if the scope of work to get an occupancy permit too too high.  Only work w a GC you trust, which will be expensive.  Good luck!", "replies": [], "depth": 3}], "depth": 2}], "depth": 1}, {"id": "ib0vrfd", "text": "You should have a build out period and free rent, build out period is totally free, free rent usually means you pay nets. The way I would do this is the timing between the lease commencement date and the rent commencement date. Free rent would start on the rent commencement date so language would be something like 'Rent (or free rent if you want to be specific) shall commence 120 days after lease execution' or something like that.", "replies": [], "depth": 1}, {"id": "ib83vkr", "text": "In a triple net lease you handle the management and expenses as if you own the building.. including the taxes. You in turn should receive a lower rent because there are no landlord responsibilities to the seller.", "replies": [], "depth": 1}, {"id": "ibx703s", "text": "Had a tenant in a similar boat. Her build out took longer due to permitting issues so she was able to get an amendment to push back paying CAM and taxes. Can\u2019t say every owner I represent is as willing but it doesn\u2019t hurt to ask.", "replies": [{"id": "ibx7haw", "text": "Yeah, I\u2019m on a very tight budget as a tenant. I have $25k extra to play with for my business but I want to save that in case my build goes over budget and I doubt I will be cash flowing in my business the first month, leaving that for my emergency fund. Trying to not pay CAMs or Taxes until I have my grand opening.\n\nNext venture in 10-15 years, buy a triple net property, maybe a Walgreens or CVS and retire with no landlord responsibilities lol", "replies": [{"id": "iw0gx5p", "text": "That is an \u2018absolute nnn\u2019 or \u2018true nnn\u2019 where the tenant is fully responsible for all aspects, including structural.", "replies": [], "depth": 3}], "depth": 2}], "depth": 1}, {"id": "ice3sro", "text": "You can definitely negotiate the lease (assuming that has not been signed).\n\nTypically the landlords want the tenants to pay for Operating expenses during the free rent/fixturing period since they are the ones benefiting for the services performed for the property (cleaning, maintenance etc).\n\nIf you are concerned about the ability yo build up your space during the free rent/fixturing period you may want to add some language in the lease that will allow you to extend the start date of the lease in case there will be delay to your project. The landlords are open to discussions mainly when the cities are the ones delaying the process.\n\nAnother option that I have done (while representing/negotiating leases), you could ask the landlord to build the space for you. The LL can amortize the cost in the lease. This way the tenant has less risks.\n\nThis might also work for the LL, especially if they have reliable property managers who can manage built-out projects easily.", "replies": [], "depth": 1}]