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Your Rent Abatement Is Zero When the Named Storm Deductible Exceeds the Loss

The 2026 Atlantic season has produced seven named storms and no hurricanes, and more than a billion dollars of damage. A hurricane deductible would not have fired once. A named storm deductible fires on a 45 mph tropical storm, and on a Gulf Coast property it is usually 5 percent of the insured value, which on a mid-sized shopping center is a seven-figure number the insurer never pays. The AIR CRE form then calls the loss an Insured Loss anyway, bills the deductible to the tenants as an operating expense, and caps rent abatement at insurance proceeds that were never released.

The 50% Repair Test Decides Who Buys the New Rooftop Unit

Paragraph 7.1(d) of the AIR CRE net lease sends the HVAC unit to the landlord if the repair costs more than half of a replacement, and leaves the whole bill with the tenant if it costs less. On a $25,000 rooftop unit with 30 months left, a $200 swing in the repair estimate moves about $7,200. The refrigerant inside that estimate is under a shrinking federal production cap and has no published price, and there is no way to retrofit an R-410A unit off R-410A.