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Recovery of past CAM overcharges depends on your specific lease terms, including any audit rights deadlines or ‘binding and conclusive’ provisions, and on applicable state law.

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  4. /Co-Tenancy Clause

Co-Tenancy Clause

Last updated: April 2026

By Angel Campa, Founder

Co-tenancy clauses protect you when anchor tenants leave, but without one you are stuck paying full CAM for a property losing 15-25% of its traffic.

What Is a Co-Tenancy Clause?

A co-tenancy clause ties certain lease obligations (typically rent and CAM payments) to the occupancy status of other tenants in the property, usually anchor tenants. If a specified anchor tenant closes or vacates, the co-tenancy clause may allow the tenant to reduce rent, pay percentage rent only, or terminate the lease entirely.

Why This Clause Matters for CAM Audits

In retail properties especially, the value of a tenant's location depends heavily on neighboring tenants and anchor stores that drive foot traffic. When an anchor tenant closes, remaining tenants suffer reduced traffic and sales but may still be paying full CAM charges for a property operating well below capacity. Co-tenancy clauses provide a financial safety valve in these situations.

Sample Lease Language

“If, at any time during the Lease Term, the Anchor Tenant (defined herein as a tenant occupying 25,000 square feet or more) ceases to be open for business for a continuous period exceeding one hundred eighty (180) days, Tenant shall have the right to pay reduced rent equal to the lesser of Minimum Rent or six percent (6%) of Gross Sales until such time as the Anchor Tenant space is re-tenanted and open for business. If the vacancy continues for more than twelve (12) months, Tenant shall have the right to terminate this Lease upon sixty (60) days written notice.”

This is illustrative language only. Your actual lease language controls your rights.

Red Flags to Watch

  • ⚠No co-tenancy clause despite being in a retail property with anchor tenants
  • ⚠Co-tenancy only applies to the initial opening of the property, not ongoing operations
  • ⚠Cure period before co-tenancy remedy kicks in exceeds 12 months
  • ⚠Reduced rent during co-tenancy failure is not low enough to offset lost traffic
  • ⚠No termination right even if the co-tenancy condition is never cured
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Negotiation Tips

  • ✓Define anchor tenants by name and by minimum square footage threshold
  • ✓Include both a reduced rent remedy (kicks in after 90-180 days) and a termination right (after 12 months)
  • ✓Negotiate that the co-tenancy condition also applies to overall property occupancy (e.g., 70% occupied)
  • ✓Ensure CAM obligations are also reduced proportionally during a co-tenancy failure, not just base rent

Key Data

  • 15-25%

    Retail tenants may see a 15-25% decline in foot traffic when an anchor tenant closes [industry estimate]

    Source: ICSC / Retail Property Research (2024)

Explore Other Lease Clauses

Audit Rights ClauseCAM Cap ClauseCAM Exclusion ClauseGross-Up ProvisionManagement Fee ClausePro-Rata Share Definition ClauseBase Year Stop ClauseControllable vs Non-Controllable Expense ClauseCapital Expenditure Exclusion ClauseSelf-Help Remedy ClauseReconciliation Statement Deadline ClauseOperating Expense Definition Clause
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Related Guides

NNN LeasesOverview
Triple-Net Lease Overcharges: Patterns and Recovery
NNN LeasesOverview
NNN Lease Audit: What to Review and When to Dispute
CAM OverchargesGuide
Percentage Rent Breakpoint Errors: The $12,000 Miscalculation
IndustriesGuide
CAM Audit Services for Retail Tenants: Shopping Centers, Strip Malls, and Anchor Disputes

Explore Related Resources

CAM Line ItemParking Lot Maintenance & RepairCAM Line ItemLandscaping & Grounds CareLease TypeRetail LeaseLease TypeRetail Net Lease (NNN Retail)Detection RulePro-Rata Share ErrorDetection RuleGross-Up Violation

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Related Resources

Detection RulePro-Rata Share ErrorDetection RuleGross-Up ViolationCAM Line ItemParking Lot Maintenance & RepairCAM Line ItemLandscaping & Grounds CareLease TypeRetail Lease

Frequently asked questions

Need to extract lease terms before your audit?

A CAM audit is only as accurate as your lease data. lextract.io extracts 126 structured fields from any commercial lease PDF: CAM definitions, pro-rata share, caps, base year, and audit rights. So you have the exact terms your landlord is supposed to follow.

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This page provides general educational information. It is not legal advice and may not reflect the most current law in your state. Consult a licensed attorney for advice specific to your situation.