Landlords can use the Commercial Lease Addendum for Percentage Rent (TXR 2106) form to set a percentage rental rate. In addition to any other rent, the tenant will pay a percentage rental rate multiplied by the tenant’s gross sales in the previous month that either exceed the base monthly rent or another amount to be agreed to by both parties. The tenant must give the landlord an accurate written statement of gross sales for the previous month, as well as copies of all sales and excise tax reports. At the end of each calendar year, the total gross sales for the year will be multiplied by the percentage rental rate and reconciled with the amount of percentage rent actually paid. Funds will either be paid to the landlord or refunded to the tenant based on those calculations. This form is generally used in retail leasing.
This is one of more than 130 forms—including more than 40 commercial forms—exclusively available to Texas REALTORS®.