Net-Net Lease

Definition of a Net-Net Lease

A Net-Net Lease, commonly referred to as a Double Net (NN) Lease, is a commercial real estate lease agreement in which the tenant is responsible for paying two major categories of property expenses in addition to the base rent. In this specific arrangement, the tenant pays for both property taxes and property insurance premiums, while the landlord retains responsibility for structural repairs and common area maintenance.

Detailed Description of Expenses

The "Net-Net" designation refers to the two layers of costs shifted from the landlord to the tenant. Under the terms of this lease, the financial responsibilities are typically divided as follows:

• Base Rent: The tenant pays a monthly or annual fixed fee to the landlord for the use of the physical space.
• Property Taxes (First Net): The tenant pays the local government property taxes directly or reimburses the landlord for these costs. This protects the landlord from fluctuations in tax rates.
• Insurance Premiums (Second Net): The tenant covers the cost of the building’s hazard and liability insurance. If insurance premiums rise due to market conditions, the tenant absorbs that increase.
• Landlord Responsibilities: Unlike a Triple Net (NNN) lease, the landlord in a Net-Net lease remains financially responsible for "roof and structure." This includes the building's foundation, exterior walls, roof, and sometimes the plumbing and electrical systems.

Impact on Commercial Mortgages and Financing

In the context of commercial mortgages, the lease structure is a primary factor used by lenders to determine the risk profile of a property and the reliability of its cash flow. The Net-Net lease offers several implications for borrowers and lenders:

• Predictability of Net Operating Income (NOI): Because the tenant covers taxes and insurance—two expenses that frequently increase—the landlord’s Net Operating Income remains relatively stable. Lenders view this predictability favorably when calculating the Debt Service Coverage Ratio (DSCR).
• Replacement Reserves: Since the landlord is still responsible for the building's structural integrity, a commercial lender will often require the borrower to maintain a replacement reserve account. This ensures there is enough capital on hand to handle major capital expenditures (CapEx) like a roof replacement without defaulting on mortgage payments.
• Creditworthiness of the Tenant: Because the tenant is assuming significant financial obligations (taxes and insurance), the lender will place heavy emphasis on the tenant's credit rating. A "credit tenant" in an NN lease provides a much higher level of security for the mortgage than a small, independent business.
• Default Risk: If a tenant fails to pay the property taxes under an NN lease, it can result in a tax lien against the property, which takes priority over the lender's mortgage. Consequently, lenders often monitor these leases closely to ensure the tenant is fulfilling their "net" obligations.

Overall, a Net-Net Lease provides a middle ground between the landlord-heavy responsibilities of a Gross Lease and the tenant-heavy responsibilities of a Triple Net Lease. It offers the landlord protection against rising operating costs while requiring them to maintain the long-term physical health of the asset.