A Twenty-Year C-PACE Assessment Comes Due on the Last Day of Your Lease
Article 7 of the lease for The Meadows Racetrack & Casino, signed 9 September 2016, says that any imposition the lessee owes which would not otherwise be due until after the term is payable to the lessor on the last day of the term. Then a proviso carves assessments payable in installments back out. C-PACE assessments run up to thirty years in Ohio, sit on the property tax bill, and carry the lien priority of an ad valorem tax. Texas requires thirty days notice and written consent from the mortgage holder before one is imposed and says nothing about tenants; Florida's statute defines property owner to exclude anyone renting or occupying. Gladstone Commercial's December 2024 noteholders wrote a covenant that stops counting a PACE loan as debt to the extent a tenant pays it. No reported case anywhere decides whether it passes through under a lease taxes clause.