Triple net leases (NNN leases) are supposed to be the straightforward workhorse of commercial real estate. The landlord collects rent. The tenant pays taxes, insurance, and maintenance. Everyone knows their role. Except when the lease is ambiguous — and that is when deals blow up, relationships end, and litigation begins.

At Richard Rosa Law, we review and negotiate NNN leases for landlords and tenants across Broward County and South Florida. Here is a breakdown of how ambiguous language creates real exposure — and how an attorney resolves it before it becomes a courtroom problem.

What Makes an NNN Lease “Ambiguous”?

Ambiguity in a commercial lease typically falls into three categories:

• Vague definitions — “Tenant shall pay its pro-rata share of operating expenses” with no definition of what “operating expenses” includes or excludes
• Conflicting provisions — one clause says tenant pays for HVAC repairs; another says landlord maintains building systems
• Missing terms — the lease is silent on who pays for a roof replacement after a storm

Florida courts look first to the plain meaning of the words. If the language is ambiguous, they consider extrinsic evidence — prior drafts, emails, industry custom. That process is expensive, slow, and unpredictable. You do not want to be there.

A Real-World Scenario: The CAM Cap Dispute

Here is a fact pattern we have seen variations of more than once. A retail tenant signs a 10-year NNN lease. The lease includes a 5% annual cap on CAM (common area maintenance) increases. What the lease does not define clearly is whether the cap applies to controllable expenses only, or to all CAM charges including insurance and property taxes.

Four years in, property taxes increase by 18% due to a reassessment. The landlord passes the full increase through. The tenant argues the 5% cap covers everything. The landlord argues the cap only applies to controllable expenses — a carveout common in institutional leases but not spelled out in this one.

The gap between those two interpretations is real money. On a 5,000 square foot retail space, it can easily mean $40,000 or more in disputed charges over the remaining lease term.

How the Dispute Gets Resolved

When we are engaged on a dispute like this, the first step is a thorough read of the entire lease — not just the CAM section, but every definition, every exhibit, and every amendment. Often the answer is buried somewhere in the document that neither party focused on at signing.

If the lease is genuinely silent or contradictory, we look at:

• The LOI (letter of intent) and any pre-lease correspondence
• How the parties actually performed in prior years — if the landlord always excluded taxes and insurance from the cap and the tenant always paid without objection, that course of dealing matters
• Industry standard lease forms (BOMA, ICSC) to establish what sophisticated parties typically intend

In many cases, we can negotiate a lease amendment or a side letter that clarifies the disputed term without litigation. That is almost always cheaper and faster than going to court.

The Bigger Lesson: Get It in the Lease

The most common source of NNN lease ambiguity is a landlord and tenant who reached a verbal agreement on a key economic point — and then neither side made sure it was reflected clearly in the written document. Florida is a jurisdiction where the written contract controls. What you thought you agreed to is irrelevant if it is not on the page.

Specific provisions we always recommend clarifying in any NNN lease:

• Exact definition of CAM — what is included, what is excluded, and whether management fees are capped
• Whether the CAM cap applies to controllable expenses only or all expenses
• Capital expenditures — who pays, what threshold triggers landlord responsibility, and whether costs are amortized
• Roof and structural components — who handles repairs versus replacements
• Insurance reconciliation — when audits are required and what happens when estimates are off

Working With a Real Estate Attorney on NNN Leases

Whether you are a landlord drafting a lease for a new tenant or a business owner about to sign a 10-year NNN commitment, having an attorney review the document before execution is a fraction of the cost of resolving a dispute later.

Richard Rosa Law handles commercial lease review and negotiation for clients across Fort Lauderdale, Broward County, and South Florida. If you are navigating an ambiguous NNN lease — whether at signing or mid-dispute — call us at 954-351-7474 or visit our contact page to schedule a consultation.