SB 79 Could Add Millions to Your Retail Property. Even If You Never Build

Retail sales post biggest drop since 2025 as spending momentum fades U.S. retail sales sank to their lowest in over a year in July as consumers pulled back on online shopping and vehicle sales. Retail purchases, not adjusted for inflation, fell 0.6% in July from the previous month in the biggest decline since May 2025, according to the Census Bureau data released Friday. Excluding gasoline and auto, retail sales dropped 0.2%...

By Marc Perlof | @MarcRetailGuy CA #01489206 August 10, 2026 If you own retail real estate, here’s what just changed for you. A landlord and tenant agree to a $50,000 tenant improvement allowance. The lease is signed. Does the landlord immediately hand the tenant a $50,000 check? Usually, no. Agreeing on the amount of a tenant improvement allowance, commonly called TI, is only part of the negotiation. The lease and work letter should also explain what the money can be used for, who controls the construction, when the landlord pays, what documents are required, and what happens if the project costs more or less than expected. These details matter because TI is not just a lease concession. It is real money being invested into a tenant’s space. A TI Allowance Is Not Always Paid Upfront One of the biggest misunderstandings about TI is when the money is paid. In many lease structures, the tenant completes approved work and the landlord reimburses the tenant after certain requirements are met. For larger projects, payments may be made in stages as construction progresses. Before releasing funds, the landlord may require paid invoices, lien releases, proof of permits or approvals, evidence that the work was completed, and confirmation that the tenant is not in default. The exact requirements depend on the lease and work letter. For the landlord, the payment structure matters because paying the full allowance before work is completed can create unnecessary risk. What happens if construction stops, contractors are not paid, or the tenant never opens? For the tenant, waiting until the end of construction for reimbursement can create a cash flow problem. The tenant may need to fund the project before receiving the landlord’s contribution. Both sides should understand the process before the lease is signed. Construction Draws Can Spread Out the Payments Larger projects may use construction draws instead of one payment. For example, assume a landlord agrees to provide $150,000 in TI for a retail buildout. Instead of paying the full amount at the beginning or waiting until the entire project is complete, the landlord may release funds in stages as work is completed. The tenant may submit invoices, evidence of completed work, and required lien releases with each request. The landlord then reviews the request and funds the approved amount according to the lease. This can reduce the tenant’s need to finance the entire project upfront while protecting the landlord from releasing all the money before the work is completed. The process should be clear. Slow approvals or unclear requirements can delay construction and create conflict. Who Controls the Construction? Another important question is who manages the work. In some leases, the tenant controls construction and the landlord reimburses approved costs. In other situations, the landlord agrees to complete specific improvements before delivering the space. Some deals use a combination of both. Tenant controlled construction gives the tenant more control over design and contractors, but the landlord still needs to protect the property. The lease may address approved plans, contractors, insurance, permits, and changes that require landlord approval. Landlord controlled work gives the owner more control over the improvements but also creates greater responsibility for construction costs, scheduling, and delivery. Neither structure is automatically better. The right approach depends on the property, scope of work, tenant, and experience of the parties involved. What Can the TI Allowance Be Used For? The lease should clearly define eligible TI costs. A tenant may assume the allowance can be used for anything related to opening the business. The landlord may believe the money is only for permanent improvements to the property. Depending on the lease, eligible costs may include construction, electrical work, plumbing, flooring, lighting, HVAC, restrooms, architectural plans, engineering, or permit costs. Other expenses may be excluded or limited. The important issue is clarity. A tenant should not complete work expecting reimbursement only to later learn that some costs do not qualify. What Happens When the Budget Changes? A TI allowance is generally a maximum landlord contribution, not an unlimited construction budget. Assume the landlord agrees to a $75,000 TI allowance and the project ultimately costs $110,000. The lease should make clear who is responsible for the additional $35,000. The opposite can also happen. If the tenant completes the approved work for $55,000, what happens to the remaining $20,000? The answer depends on the lease. The unused amount may disappear, or the lease may allow another agreed use. The tenant should not assume that unused TI automatically becomes a cash payment. This is why the exact lease language matters. An allowance of up to $75,000 can mean something very different from an obligation to pay the tenant $75,000 regardless of the actual cost of the work. Construction Delays Can Affect Cash Flow TI payment and construction timing are closely connected to rent commencement. A tenant may believe rent should not begin until the business opens. The landlord may expect rent to begin on a specific date or after an agreed construction period. The lease should address what happens if construction is delayed and whether the delay was caused by the tenant, landlord, contractor, permit process, or another issue. For example, a two month delay on a space with $10,000 in monthly base rent can mean $20,000 in delayed base rent before considering NNN reimbursements and other costs. For an owner, construction delays are not only construction problems. They can directly affect property cash flow, NOI, and debt service. The TI Amount Is Only Part of the Risk Owners often focus on negotiating the lowest possible TI allowance. The amount matters, but the payment and construction process also create risk. A smaller allowance with an unclear process can lead to delays, disputes, unfinished work, or a tenant that cannot complete the project. A larger allowance with a clear scope, experienced team, strong tenant, and controlled payment process may create less risk. The goal is not simply to spend less money. The goal is to invest the right amount of capital into the right lease with a process that protects the property. Final Thought Agreeing to a TI allowance is only the beginning. The landlord and tenant should understand what costs qualify, who controls construction, when payments are made, what documents are required, who pays for cost overruns, what happens to unused funds, and how construction delays affect rent commencement. If those issues are unclear, a TI allowance that looked simple during lease negotiations can become a source of delays, disputes, and unexpected costs. For the owner, the goal is not to make the payment process difficult. It is to make sure landlord capital is released through a clear process that supports the lease and protects the property. If you agreed to fund a TI allowance today, would your lease clearly explain exactly when you have to pay and what needs to happen first? In next week’s blog, Why Landlords and Tenants Misunderstand TI Allowances , we will look at why both sides often view TI differently and why rent, lease term, free rent, guaranties, and other concessions should be negotiated as part of one economic package. #RetailRealEstate #CommercialRealEstate #RetailLeasing #TenantImprovements #TIAllowance #CommercialLeasing #MarcRetailGuy Based in Los Angeles. Serving Southern California. Active across California. Advising clients nationwide.