What is the defining characteristic of a percentage lease?

A percentage lease is primarily defined by its structure, which involves the tenant paying a base rent along with an additional amount based on their gross income or sales. This type of lease is particularly common in retail settings where the landlord seeks to benefit from the success of the tenant’s business. The defining characteristic emphasizes that the additional rent payment is directly linked to the tenant's performance, making it a shared risk arrangement between the landlord and tenant.

This payment model aligns the interests of both parties; as the tenant’s sales increase, so does the landlord’s income. It encourages landlords to support tenants in their business endeavors, as higher sales typically lead to higher rent. This structure contrasts with a flat-rate lease where the tenant pays a fixed rent, regardless of sales performance or property size, or another arrangement where the landlord might bear additional expenses without any income tied to the tenant's performance.