The Downsides of a Triple Net (NNN) Lease

Triple Net (NNN) leases are often marketed as a hands-off, hassle-free path to income from commercial real estate, making them very attractive for many investors.

But like any investment, they come with their own unique set of risks.

Here’s a closer look at some of the potential downsides you need to consider before investing in a triple net lease property.

1. Tenant Dependency Risk

A key benefit of a triple net lease is that the tenant takes on the lion’s share of expenses, including taxes, insurance, and maintenance. However, this arrangement also places a lot of weight on the tenant’s ability to pay. If the tenant’s business runs into financial trouble, it can cause serious issues for you as the landlord, as you are now financially exposed to the tenant's challenges.

• Financial Health of the Tenant: The tenant’s ability to pay rent and other expenses underpins the success of a triple net lease. If their business struggles, or they declare bankruptcy, they may default on these responsibilities, leaving you to cover those costs until you can find a replacement.

• Vacancy Costs: Should the tenant vacate unexpectedly, you may face significant costs while searching for a new tenant. Covering property taxes, insurance, and maintenance during the vacancy can erode cash reserves and impact your cash flow.

Because triple net leases are typically long-term, replacing a tenant can be a lengthy process. Market demand may not be the same as it was when the lease was signed, making it hard to find a comparable tenant quickly. This makes tenant reliability a critical risk to consider before entering a triple net lease arrangement.

2. Long-Term Lease Limitations

While long-term leases provide predictability and stability, they can also limit the financial upside of your property investment. Market conditions, inflation, and property value increases over the lease term may outpace the fixed income from a long-term triple net lease, effectively locking in below-market rental rates.

• Fixed Rent Concerns: Triple net leases generally have fixed rent terms over the lease period, which might become uncompetitive if market rents increase. Without escalation clauses, you may find yourself earning less than what the market would bear, reducing your return on investment.

• Inflation Impact: Inflation can erode the value of fixed rental income over time. If inflation rises, but your lease lacks provisions for rental increases tied to inflation or market changes, your returns effectively shrink in real terms.

To address this, consider leases with rent escalation clauses or periodic market rent adjustments. However, be aware that these terms are typically less common in triple net leases and may not always be negotiable, especially with established corporate tenants.

3. Variable Quality of Maintenance

In certain triple net lease structures, tenants are responsible for property maintenance. While this can relieve you of day-to-day oversight, the quality and frequency of maintenance can vary depending on the tenant’s priorities, potentially impacting your property’s condition and value over time.

• Cutting Corners on Maintenance: Tenants may try to minimize their maintenance expenses by opting for cheaper materials or postponing repairs, which can lead to deterioration in the property’s condition. This can have lasting effects on your investment, especially if deferred maintenance results in bigger, more costly repairs down the line.

• Impact on Property Value: If the tenant’s maintenance practices are subpar, the property’s value may decrease over time, potentially leading to a distressed commercial property. When the lease ends, you may face substantial repair costs to bring the property back to a rentable condition, impacting your cash flow and overall return on investment.

This potential for reduced maintenance quality is a key risk for investors who prioritize property condition or long-term resale value. In some cases, you may want to negotiate maintenance standards in the lease or schedule periodic property inspections to monitor the property’s upkeep.

4. Loss of Control Over the Property

A triple net lease arrangement grants the tenant significant control over the property, which can be a drawback for landlords who prefer a more hands-on approach. Since the tenant may handle day-to-day management, your ability to influence how the property is maintained, managed, or even branded is limited.

• Reduced Influence on Property Upkeep: If the tenant’s standards don’t align with yours, you may see a decline in property quality. This lack of control can be especially frustrating if their maintenance standards are lower than what you’d typically uphold for your investment.

• Limited Oversight on Business Operations: Tenants may use the property in ways that align with their business goals, which may not always align with your vision for the property. This can be concerning if the tenant’s practices impact the property’s image, its value, or the surrounding community.

If retaining some control over the property is important to you, a triple net lease may feel restrictive. Consider addressing this by including clauses that specify minimum standards for maintenance or aesthetic aspects, although these clauses may make the property less attractive to potential tenants.

5. Unpredictable Property Tax Increases

While tenants are responsible for property taxes in a triple net lease, property tax assessments can change significantly over time. If taxes increase dramatically, the tenant may struggle to meet the higher costs, which could lead to disputes, renegotiations, or even vacancy.

• Impact of Property Tax Assessments: Rising property taxes can put a financial strain on tenants. If the tax burden becomes too great, the tenant may attempt to renegotiate the lease terms or, in extreme cases, may even vacate the property if the expense is unmanageable.

• Local Tax Law Changes: Changes in tax laws or revaluations of commercial properties in certain areas can cause unexpected hikes in tax liabilities. This unpredictability can affect the lease’s long-term stability and may lead to unforeseen costs or tenant issues.

Property tax increases are largely outside the landlord’s control, but you can reduce this risk by investing in areas with stable tax policies or by selecting tenants with a strong financial cushion. It's also a good idea to include language in the lease clarifying how significant tax increases will be handled.

6. Complex Lease Terms and Legal Oversight

Triple net leases are more complex than standard leases, often requiring careful attention to detail and legal expertise. With the extensive responsibilities placed on the tenant, lease terms must be clearly defined to avoid ambiguity, disputes, or unexpected costs for either party.

• Need for Legal Expertise: Triple net leases can contain intricate clauses regarding maintenance, tax liabilities, and insurance obligations. A thorough legal review is essential to ensure both parties fully understand their responsibilities and to avoid potential disputes later on.

• Ambiguities in Lease Clauses: If terms regarding maintenance standards, escalation clauses, or tax responsibilities are unclear, it can lead to misunderstandings or even legal disputes. Small details in the lease can have a significant impact on your long-term returns and investment stability.

To protect your interests, work with an experienced attorney who specializes in commercial leases. This upfront investment in legal review can save you time, money, and headaches in the long run, ensuring that all responsibilities and risks are properly allocated and documented.

Address The Risks

While triple net leases offer the appeal of steady, relatively low-maintenance income, they also come with distinct risks that may not be immediately apparent. Issues such as tenant dependency, long-term income limitations, variable maintenance quality, limited property control, property tax unpredictability, and the need for legal expertise are all important factors to weigh before making a commitment.

As with any real estate investment, taking the time to understand these potential downsides can help you make an informed decision that aligns with your investment goals.