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Is abutting area outside of demising walls considered to be rentable area even though it is not demised? Assuming it is for the tenant's exclusive use though not secured in any way can one charge the same rental rate for this space?
Hi Tim,
The area that you are describing does not comply with the definition of Gross Leasable Area defined in the BOMA Retail Standard. This area is best described as "Ancillary Space". Ancillary Spaces are areas that do not not fall within the definition of Gross Leasable Area but are exclusively used by a specific occupant. According to BOMA, you can charge for Ancillary Space, but it must be documented (and agreed to) in the lease.
I highly recommend that you purchase a copy of the BOMA Retail Standard from boma.org and review the definitions of Gross Leasable Area and Ancillary Space if you wish to develop a lease document based on this measurement standard.