An artificial breakpoint set below the natural breakpoint can trigger $10,000 to $50,000+ in extra percentage rent annually versus a natural breakpoint.
The breakpoint in a percentage rent clause determines the sales threshold above which the tenant owes additional rent. A natural breakpoint is calculated by dividing the minimum rent by the percentage rent rate, creating a fair threshold. An artificial breakpoint is a fixed number set by the landlord, often lower than the natural breakpoint, which triggers percentage rent earlier.
The type of breakpoint directly affects when percentage rent kicks in and how much total rent you pay. An artificial breakpoint set below the natural breakpoint means you start owing percentage rent at a lower sales volume, effectively increasing your total rent obligation. For high-volume retail tenants, the difference between a natural and artificial breakpoint can mean tens of thousands of dollars annually.
“The Breakpoint for calculation of Percentage Rent shall be the "Natural Breakpoint," defined as the quotient of the annual Minimum Rent divided by the applicable Percentage Rent rate. By way of example, if the annual Minimum Rent is $150,000 and the Percentage Rent rate is 5%, the Natural Breakpoint shall be $3,000,000. In no event shall Landlord impose an Artificial Breakpoint that is lower than the Natural Breakpoint. If Minimum Rent increases during the Lease Term, the Natural Breakpoint shall be recalculated accordingly.”
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$10,000-$50,000+
The difference between a natural and artificial breakpoint can cost retail tenants an estimated $10,000 to $50,000+ per year in additional percentage rent [industry estimate]
Source: Retail Lease Analysis Reports (2024)
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