Property Management

Property problems: Ratchet clause likely to govern motel's lease

Q. I entered into a motel lease in 1996 for 27 years at a rental based at 42 per cent of turnover. The industry standard is around 33 per cent of turnover.

Wednesday, November 05th 2003

The property had just been bought by the landlord for $700,000.

The lease provides for a rent review every two years to the market rent. To date, the landlord has not increased my rent.

Due to its prime location and market, the property is now worth around $2 million (possibly more). Can the landlord increase the rent at the next rent review to the value of the property, even though the business has not grown and will not grow as no improvements have been made by the landlord or me?

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