Definition of "Stop clause"

Jodi Bakst, Broker real estate agent

Written by

Jodi Bakst, Brokerelite badge icon

Real Estate Experts

Leasing commercial or industrial real estate can be a perplexing process. As a tenant (and as a landlord,) you must consider several aspects before actually signing the deal. Even top local real estate agents recommend you to ask fundamental questions from your potential landlord. 

For instance, it would be best if you discussed details regarding the lease agreement and various clauses and provisions embedded to avoid future unpleasant surprises. Revealing and learning about crucial information on these agreements form the basis of landlord-tenant rights.

What does a stop clause in a lease agreement refer to?

A stop clause is integral to real estate deals, especially apartment leases. Under such circumstances, a stop clause, often known as an eviction or escalation clause, defines a provision in a lease agreement. More precisely, it indicates the maximum amount of operating expenditures that the landlord of the rental property is supposed to incur in a given year. The lessee must pay any amount incurred in excess of this amount.

Landlords can change provisions to fend off an unstable market.

Landlords are skilled at including stop clauses and escalation provisions into lease agreements. Imagine that rents in a particular area are rapidly rising. In that circumstance, landlords may reconsider signing a long-term lease instead of a short-term one. They know that this might result in a lost profit or a decrease in property valuation.

They can, however, increase rent by a particular amount at periodic intervals by including an escalation provision in the rental contract. As a result, they may capitalize on current market conditions. At the same time, the tenant can secure and safeguard their long-term contract.

The tenant’s financial obligations

On the other hand, landlords can demand that their tenants pay a pro-rata share of the growing building expenses. These payments may cover the premises’ operating charges and various real estate taxes. In matters of a commercial lease, the landlord will incorporate their legal requirements into the escalation or stop clause. Therefore, a renter’s payment determined under the stop clause will be considered a supplement to the standard rent the tenant covers.

Consequences of contract breach

In other words, the stop clause can set contract termination conditions. For instance, a theater proprietor signs an agreement with the producers of a theatrical performance. In the deal, they stipulate that the showrunners must leave the venue in the case that receipts of payment don’t add up to a certain amount.  

Final thoughts

As you observed, knowing the leasing contract’s terms and provisions is paramount both for tenants and property owners.

Suppose you entertain the idea of becoming a landlord. First and foremost, we advise you to investigate the rental market conditions in your area, such as where you should purchase a rental property first. Then, study previous lease contracts and include necessary clauses into your agreement to safeguard your financial investment.

image of a real estate dictionary page

Have a question or comment?

We're here to help.

*** Your email address will remain confidential.
 

 

Popular Real Estate Terms

Tax assessed on a transfer of property made without adequate legal consideration. This tax is based on the appraised value of the property at the time of transfer.Also, gifts of property ...

Nonrefundable fee to pay for the painting and cleaning of an apartment or office unit after a tenant vacates the premises. ...

Before getting a loan to buy a property, you must know the definition of foreclosure. A foreclosure is the process of making a loan due immediately. Technically, a loan becomes due way ...

Generally, the term turnover is the accounting method of calculating how fast operations are conducted by a business. The simplest turnover definition is the rate at which a company sells ...

External front wall to a structure ...

Date of the valuation of property, usually contained in a report. ...

Effective Age is the counterpart to a property’s Actual Age. While the former refers to the date a property was built, the latter is more of a sensorial depiction of its age; the age ...

Foreclosed property is sold via a sheriff's deed. The amount received is used to pay the balance of any obligations against the owner or real estate. ...

Also called a like-kind exchange. An exchange in which tax benefits are available to real estate owners planning to sell their investment, rental, business or vacation real estate, and ...

Popular Real Estate Questions