Daniel Weber
Managing Director, MBA, CCIM, Daniel Weber
Quick answer: Five lease clauses move the economics of a Southlake commercial lease more than any other: tenant improvement allowance, free rent, renewal options, CAM caps, and exclusive-use clauses. Negotiating these well saves a typical Southlake tenant $50,000–$250,000 over a 5-year term.
1. Tenant Improvement (TI) Allowance
The TI allowance is the landlord's contribution toward building out your space. In Southlake:
- Retail: $30–$60 PSF for first-gen; $0–$30 PSF for second-gen
- Office (Class A): $20–$50 PSF on 5–7 year terms
- Medical office: $50–$120 PSF for ground-up buildout
- Restaurant: $80–$200 PSF for ground-up with hood / grease trap
What to negotiate beyond the dollar amount:
- Direct payment vs. reimbursement - direct is better; reimbursement ties up your cash
- Documentation requirements - keep them simple
- Unused TI - apply to rent? Forfeit? Negotiate apply-to-rent
- Landlord's contractor markup - common landlord trick; require open-book pricing
2. Free Rent / Rent Abatement
Standard concessions in today's Southlake market:
- 5-year retail term: 1–3 months free
- 5-year office term: 2–4 months free
- 7-year office term: 4–6 months free
- Medical buildout: 3–6 months free during construction
Negotiate timing - front-loaded is better for cash flow during buildout and ramp.
3. Renewal Options
A renewal option protects your right to stay in a successful location at a known cost. Without it, you are at the landlord's mercy at expiration.
What to negotiate:
- At least one 5-year renewal option (better: two)
- A pre-agreed rent formula - fair market value with a CPI cap, OR a fixed escalation
- Notice window of 6–9 months before expiration (not 12+, which forces you to commit too early)
- Right to relocate within the center if the landlord redevelops
4. CAM and Operating Expense Caps
For NNN retail leases (and gross-up provisions in modified gross office), CAM and operating expense increases can run away. Negotiate:
- Annual cap on controllable CAM: 3–5% per year, cumulative or non-cumulative
- Exclusions: capital expenditures, roof and structural, landlord legal fees, marketing fees
- Gross-up to 95% occupancy so your share is not inflated by vacant neighbors
- Audit rights - at least every 2 years, with the landlord paying if errors exceed 3%
5. Exclusive Use Clauses
For retail and restaurant tenants, an exclusive-use clause blocks the landlord from leasing space in the same center to a direct competitor. In a Southlake Town Square or strip-center context, this can be the most valuable clause in the entire lease.
What to negotiate:
- Specific definition of your use that captures real competition
- Radius - at least the entire shopping center; ideally a 1-mile radius for major concepts
- Remedy for breach - rent reduction, right to terminate, and damages
- Carve-outs the landlord requests - keep them narrow
Bonus: clauses to watch for
- Personal guaranty with no burn-off - push for burn-off at 24–36 months of on-time rent
- Landlord termination rights - typically should require 12+ months notice and substantial penalty
- Holdover rent - capped at 125–150% of last rent, not 200%
- Demising wall and yield-back - your buildout becomes the landlord's at lease end; negotiate yield-back standard upfront
How a tenant rep gets these clauses negotiated
These five clauses do not get negotiated by accident - landlords don't volunteer them. A Southlake tenant rep drafts them into the LOI before the landlord's attorney produces a 40-page lease. Once the lease is drafted, every concession becomes a fight.
Tenant rep is free in Southlake - the landlord pays the commission. Call (817) 559-1235.
Ready to Invest in Southlake?
Contact our team for personalized guidance on commercial real estate opportunities.
Contact Daniel Weber