Dark clause

A clause addressing whether a tenant may stop operating from its leased premises while continuing to pay rent.

A dark clause addresses whether a tenant may stop operating from its leased premises while continuing to pay rent. Some leases require continuous operation, while others permit the tenant to go dark subject to specific conditions or consequences.

Why it matters

Going dark can affect:

Rent obligations.
Co-tenancy rights of other tenants.
Recapture rights.
Termination rights.
Percentage rent.
Operating covenants.

Downstream cap

All terms

REAL

See how dark clause is handled across 2,236 leases.

REAL extracts and structures this field from your documents so your team can act on it — no manual abstraction required.

Get a dedicated demo