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.
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.
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.
“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.
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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)
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