Extreme Measures

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Forum Categories BOMA 2017 - Office Buildings Question

BOMO Technicalities

Christian Saab: CPG Incorporated; March 13, 2024

I am in a building that is standalone 1 unit on the main floor. The building has a unusable basement.
The rent is based on the square footage of the main floor.
In the lease agreement the basement is not mentioned and the only engineering drawings in the agreement is of the main floor.

The lease agreement references BOMA standard was used to develop the drawings and lease.

Question:
Does the BOMA standard allow the unusable basement square footage be added to the monthly rent without voiding the lease?

Can the tenant not accept the addition of the basement, or does the BOMA standard force the unusable basement to the lease?

David Fingret: Extreme Measures Inc.; March 14, 2024

HI Christian,

The BOMA Standards don't force anything on leases and aren't directly involved with leases. The BOMA Standards provide a methodology for measuring buildings in specific asset classes and that's all. Some leases will refer to the BOMA Standard that is used, but BOMA doesn't enforce anything.

As to whether the basement should be included in a BOMA area analysis report is another matter; but ultimately, whatever the Landlord and Tenant agree to in the lease is the only thing that is enforceable.

Thanks,
David