Occupied Date

Definition of Occupied Date

In the context of commercial mortgages, the Occupied Date refers to the specific calendar date on which a tenant takes physical possession of a leased premises or the date on which their contractual rent obligations commence. While the lease may be signed months in advance, the occupied date signifies the transition of the unit from vacant to revenue-generating status, which is a critical metric for lenders evaluating the risk and cash flow of a commercial property.

Detailed Description and Significance

The occupied date is a pivotal data point used by underwriters and loan officers to determine the Debt Service Coverage Ratio (DSCR) and the overall valuation of a property. Lenders view a property’s "occupancy" not just as a physical presence, but as a legal and financial milestone that ensures the borrower has the necessary income to service the mortgage debt.

There are several key factors that define the occupied date and its impact on a commercial loan:

• Rent Commencement vs. Physical Occupancy: In many commercial leases, the date the tenant moves in (physical occupancy) may differ from the date they start paying rent (rent commencement). Lenders typically focus on the date rent begins to accrue to ensure the property's pro forma income matches its actual performance.
• Certificate of Occupancy (C of O): For new constructions or major renovations, the occupied date is often legally tied to the issuance of a Certificate of Occupancy by local building authorities. This document certifies that the building is safe for habitation and complies with all local codes.
• Tenant Improvements (TI) and Fit-Outs: The occupied date is frequently delayed while a tenant completes "fit-outs" or custom improvements to the space. Lenders monitor these timelines closely, as delays in the occupied date can lead to "shortfalls" in the expected monthly revenue needed to cover loan interest.
• Lease Contingencies: An occupied date may be contingent upon the landlord meeting certain requirements. If these requirements are not met, the tenant may have the right to delay their move-in, which directly affects the property's Net Operating Income (NOI).

Impact on Underwriting and Funding

For a commercial mortgage to be fully funded, lenders often require a Certified Rent Roll that lists the occupied date for every tenant. If a significant portion of the building has an occupied date set in the future (pre-leased space), the lender may implement a holdback or an earn-out provision. This means a portion of the loan proceeds is withheld until the tenants have reached their occupied dates and have commenced paying full, unabated rent.

Ultimately, the Occupied Date serves as the "start clock" for the property's financial stability. For investors, ensuring that tenants hit their occupied dates on schedule is vital to maintaining the loan-to-value (LTV) ratios and avoiding technical defaults during the early stages of a commercial mortgage.