Can Owner Use 'Escalation' Clause to Make Tenant Pay Property Tax Increase?

Standard commercial net leases require tenants to pay not just rent but a proportionate share of the owner’s property taxes. Of course, property taxes are apt to fluctuate over time. Accordingly, owners typically include an “escalation” or “adjustment” clause in the lease enabling them to pass along to the tenant any tax increases that occur over the course of the lease. But getting a tenant to accept responsibility for a tax escalation is just half the battle; you also have to ensure that the actual escalation clause in the lease is clear and specific.