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If i was to lease a property in Ordway, Colorado do I have to pay taxes and insurance for the property
May 25, 2024
Real Estate
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Bill HenryFounding Partner | 18 years of experience
Profile Picture of Attorney Bill Henry
Profile Picture of Attorney Bill Henry
Bill HenryFounding Partner 18 years of experience

The responsibilities for paying taxes and insurance can vary significantly depending on whether the lease is residential or commercial. Here’s a breakdown of the key differences and typical responsibilities:

Residential Leases

  1. Property Taxes

    In residential leases, property taxes are generally the responsibility of the landlord. The landlord owns the property and is responsible for paying the taxes. This cost is often factored into the rental price.

  2. Property Insurance

    The landlord typically maintains property insurance to cover the building itself. This insurance does not cover the tenant’s personal belongings.

  3. Renter’s Insurance

    Tenants are usually encouraged, and sometimes required, to obtain renter’s insurance to cover their personal belongings and liability. This is separate from the landlord’s insurance and is the tenant's responsibility.

Commercial Leases:

  1. Property Taxes: In commercial leases, it is common for tenants to be responsible for a portion of the property taxes. This can be structured in various ways, such as:

    • Triple Net Lease (NNN)

      The tenant pays a share of the property taxes, building insurance, and maintenance costs in addition to the base rent.

    • Gross Lease

      The landlord pays the property taxes, but this cost is usually included in the overall rent charged to the tenant.

  2. Property Insurance

    Commercial leases often require tenants to carry property and general liability insurance for their space and business operations. Additionally, tenants may need to contribute to the building insurance through their lease terms.

  3. Liability Insurance

    Tenants are typically required to obtain liability insurance to protect against claims arising from their business operations. This protects both the tenant and the landlord.

Summary

In summary, residential leases typically place the burden of property taxes and building insurance on the landlord, while tenants handle their own renter’s insurance. Commercial leases can vary but often require tenants to contribute to property taxes and insurance costs.

At the end of the day, however, the lease will control unless a statute or government regulation requires otherwise. So it is important that you carefully negotiate your lease.

Disclaimer
The response provided is based on the available information and is not intended to constitute a comprehensive answer to the inquiry. The only manner to obtain complete and adequate legal advice is to consult with an attorney. Please be advised that no communication, including Q&A postings, through this website establishes an attorney-client privilege, and such exchanges do not create an attorney-client relationship and will not be treated as confidential. The information presented is general information only and should not be relied upon to take, or fail to take, legal action.
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