Surrender clauses can trigger $10-$50/sqft in restoration costs, and the costs of other tenants' departures may improperly land on your CAM bill.
A surrender and restoration clause defines the condition in which the tenant must return the premises at lease expiration or termination. It specifies whether the tenant must remove improvements, restore the space to its original condition, or can leave improvements in place. The clause also addresses who bears the cost of restoration work.
Surrender clauses interact with CAM charges because restoration costs are sometimes improperly included in operating expenses during the final years of a lease. If the lease requires the tenant to restore the space, the cost of removal and restoration can be substantial. Understanding this clause helps tenants plan for end-of-term costs and avoid surprise charges.
“Upon expiration or earlier termination of this Lease, Tenant shall surrender the Premises in broom-clean condition, reasonable wear and tear excepted. Tenant shall remove any alterations, additions, or improvements identified by Landlord in writing at the time consent was granted for such work. All other improvements shall become the property of Landlord. Tenant shall repair any damage caused by the removal of its property and improvements. Landlord shall not charge the costs of preparing the Premises for re-tenanting to Operating Expenses passed through to remaining tenants.”
This is illustrative language only. Your actual lease language controls your rights.
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$10-$50/sqft
Restoration costs can range from an estimated $10 to $50 per square foot depending on the scope of required work [industry estimate]
Source: Commercial Real Estate Construction Data (2024)
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Go to lextract.ioThis 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.