A percent rent provision in a retail lease requires the tenant to pay percent rent to the landlord if the tenant’s annual gross sales exceed a certain breakpoint. If the breakpoint is calculated as the ratio of annual base rent to percentage, it is called a natural breakpoint.

(natural breakpoint) x (percentage) = annual base rent

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natural breakpoint = (annual base rent)/(percentage)

For example, if a percent rent clause stipulates that the tenant should pay four percent of annual gross sales over a natural breakpoint and the annual base rent is $50,000, then the natural breakpoint is 50,000/0.04 or 1,250,000. The tenant is obligated to pay four percent of its annual gross sales to the landlord as the total rent if the annual gross sales exceed $1,250,000. Otherwise, the base rent applies.

Last Updated on May 31, 2012 by Ramin Seddiq