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income-approachhard

A lease that requires the tenant to pay a share of expenses above a base-year amount contains:

Correct Answer

D) An expense stop

Why this is correct: An expense stop is a lease clause that caps the landlord's responsibility for operating expenses at a base-year amount. Expenses exceeding that base amount are passed through to the tenant. This structure directly matches the question's description of a tenant paying a share of expenses above a base-year amount. Why the other choices are wrong: A right of first refusal gives a tenant the opportunity to match an offer before a property is sold to a third party, unrelated to expense sharing. A percentage rent clause requires a retail tenant to pay additional rent based on a percentage of their sales volume, not operating expenses. A ground lease provision pertains to leasing land, typically for a long term, and does not define the specific expense-sharing mechanism described. Exam tip: For expense-related clauses, 'stop' means the landlord's responsibility stops at a defined level (base year, dollar amount), with excess passed to the tenant.

Answer Options
A
A right of first refusal
B
A percentage rent clause
C
A ground lease provision
D
An expense stop

Why This Is the Correct Answer

Why this is correct: An expense stop is a lease clause that caps the landlord's responsibility for operating expenses at a base-year amount. Expenses exceeding that base amount are passed through to the tenant. This structure directly matches the question's description of a tenant paying a share of expenses above a base-year amount. Why the other choices are wrong: A right of first refusal gives a tenant the opportunity to match an offer before a property is sold to a third party, unrelated to expense sharing. A percentage rent clause requires a retail tenant to pay additional rent based on a percentage of their sales volume, not operating expenses. A ground lease provision pertains to leasing land, typically for a long term, and does not define the specific expense-sharing mechanism described. Exam tip: For expense-related clauses, 'stop' means the landlord's responsibility stops at a defined level (base year, dollar amount), with excess passed to the tenant.

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