Tenant Representation

    5 Lease Clauses Every Southlake Tenant Should Negotiate

    Daniel Weber
    9 min read
    Last updated

    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.

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