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

The company is not responsible to a third party if an account or financial instrument is dishonored by the debtor. The creditor's recourse is solely to the debtor's property. An example is ...

An insurance policy indemnifying a property owner up to the limits of the policy against fire or other hazard requiring the total destruction and removal of the structure. ...

Real property that is without any obligations, liens, or anything else against it. It is free and clear such as a house without mortgage. ...

Architectural style featuring a long low roof line with a continuous row of windows and a plain exterior. It is very open design with long horizontal lines rather than having small secluded ...

Legal action under eminent domain where the government takes ownership of privately held real estate for public use (parks or schools for example) irrespective of the owners wishes. The ...

Tax concept whereby income not actually received is considered to be constructively received by a taxpayer and thus must be reported. ...

Projecting what the total cost would be to construct a structure. Costs include material, labor, and lawyers' fees. ...

Municipal ordinance stating the distance from a curb or property line where the building of a structure is prohibited. Also states the distances from a boundary line where construction is ...

See clapboard. ...

Popular Real Estate Questions