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What type of lease allows the tenant to pay rent based on gross sales?

  1. Fixed lease

  2. Percentage lease

  3. Ground lease

  4. Variable lease

The correct answer is: Percentage lease

A percentage lease is structured to allow the tenant to pay rent that is based on a percentage of their gross sales, in addition to or instead of a fixed rent amount. This type of lease is commonly used in retail and commercial settings where the landlord seeks to make a profit aligned with the success of the tenant’s business. The rationale behind this arrangement is that it can benefit both parties: the tenant might pay less in rent during slower sales periods, and the landlord can potentially earn more when the tenant's sales increase. In contrast, a fixed lease requires the tenant to pay a predetermined, unchanging rent amount regardless of their sales performance. A ground lease pertains to leasing land only, allowing the tenant to build and maintain structures, but does not typically incorporate sales-based rent. A variable lease might adjust rent over time due to different factors but does not inherently link the payment to gross sales like a percentage lease does. This makes the percentage lease particularly unique and beneficial for specific types of commercial leasing agreements.