What is a hell or highwater lease?

2 years ago
13

Good question.

This type of lease makes it where regardless of what happens to the property the tenant is renting, the tenant is still responsible for paying the rent. So, even if the building is destroyed by some natural disaster and can’t be repaired for a full year, the tenant must continue making monthly payments.

In US real estate these leases are also called true triple net leases, absolute triple net leases, or a bond lease.

A bond lease (hell or highwater lease) at first might look like a triple net lease where the tenant is taking all responsibility for maintenance, taxes, and insurance but a bond lease goes further. WIth a bond lease the tenant is also responsible for rebuilding and continuing to make payments.

They are advantageous leases for landlords to have tenants sign when possible but are not so common. They are not common at all in residential real estate but can be found more often in commercial real estate.

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I hope that helps and good luck with your investing!

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