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The Turnover Rent shall be the amount of [emphasis added] which 9% of the Sales Turnover exceeds the Basic Rent.

This sentence (from a retail lease) feels wrong, because this similar sentence requires BY — the Sales Turnover exceeds the Basic Rent BY (not of) 9%. Ought of be BY ? Please elaborate.

Turnover Rent = 9% percent of the turnover of the Tenant's business — Basic Rent.

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  • In your formula, "Monthly Sales Turnover" should be "Turnover Rent", I take it? And are you sure it isn't 9% of the amount by which the sales turnover exceeds the basic rent?
    – Joachim
    Sep 12 at 8:36
  • I agree it feels wrong, but what it means and how it should be phrased are really questions for a lawyer and depend on the jurisdiction where the leased property is located. Legal language isn't necessarily standard English, at least not in the US.
    – Anonymous Penguin
    Sep 12 at 21:06
  • 1
    @Joachim Thanks. I just fixed this typo. I deleted "Monthly" because this is irrelevant to grammaticality.
    – user726n98e09t
    Sep 12 at 23:15

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You're right.
Simplified, your example sentence is as follows:

The turnover rent shall be the amount of which 9% of the turnover exceeds the basic rent.

It seems written in a (typical) unnecessarily convoluted way. However, even substituting 'of' with 'by' can't rescue this sentence, because the word order is wrong. It should be something more like this:

The turnover rent shall be 9% of the amount by which the turnover exceeds the basic rent.

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