Good CPA Tenant Wants to Renew but wants a death and disability clause. The Disability clause can only trigger after the first 24months of the renewed term. 2023SF Class C Office Space 10Y Tenant
His disability clause needs a doctors approval that states he is unable to continue to practice public accounting due to a physical or mental condition that limits senses, movements, or activities for a period of at least 180 consecutive days. 

The clause is below -  this allows him to get out of the lease after the first 24 months. Right now he is paying 2728.39 / month. Hes been there for approx 10y. The renewed rate is at 3156, with an additional 200 sf being added. In this sub market hes at approx 18.40/sf

How can I make the last two years a bit more secure?

What are your thoughts on a blended rate where there's more of the rental rate charged during the first 24 months in exchange for this type of disability flexibility vs a static rate throughout the term of the 48 month (24 of the last months have a disability clause which allow him to get out of the lease with no recourse).

Another blended rate example could be where I take 30% of the last 24months rate and blend it, with the first 24 months.

Or I just do a 2yr term with a death clause and renew every two years.

4. In the event of the death of Tenant (Jon Doe), or in the event Tenant becomes Disabled (as defined below), Tenant or his estate or representatives shall have the option of terminating this Lease by sending written notice to Landlord. The effective date of such termination shall be the sixtieth (60th) day following delivery of such written termination notice (the “Termination Notice Date”). On or prior to such Termination Notice Date, Tenant shall surrender the Premises to Landlord as required in this Lease (the “Surrender Date”). This Lease shall terminate as of the later of the Termination Notice Date or the Surrender Date (the “Termination Date”). Neither party will have any further rights or obligations arising under this Lease after the Termination Date, but not prior to the Termination Date, except for that obligations that expressly survive termination of the Lease. For purposes of this section, “Disabled” shall mean the inability of the Tenant to practice public accounting because of a physical or mental condition that limits Tenant’s movements, senses or activities for a period of at least one hundred eighty (180) consecutive days. In the event the Landlord disputes whether the Tenant is Disabled or deceased, Tenant or his estate or representatives shall submit a certification to Landlord from Tenant’s medical doctor licensed in Texas of Tenant’s Disabled or Tenant’s death certificate within thirty (30) days of Landlord’s notice, or else this Lease shall not terminate.
[{"id": "iuzqurx", "text": "Front loading it a little bit is reasonable, but to be honest if he\u2019s been a good tenant for 10 years I\u2019d probably just take it and forget about it. If anything I might ask for termination three months after notice instead of two. \n\nI would not recommend doing a two year w/ death only. While you\u2019re right to look at a disability clause as a de facto termination right, there\u2019s still a material difference between going to a doctor and asking for a certification and just choosing not to renew.\n\nAlso, if you\u2019re being nitpicky, if you think there\u2019s a chance he would submit the disability certification as soon as the 24-month period elapses, it should be two calendar months after the notice is received, not 60 days otherwise you lose a month of rent.", "replies": [{"id": "iuzt4m3", "text": "Well said.\n\n&amp;#x200B;\n\nI lost you in your last part where I might be nitpicky. The only reason I'm being like this now is to make sure we have solid cash flows. I had a tenant last month that was paying the revised rate, in a two year renewed lease, but never ended up signing. He ended up giving a 30d notice and left. \n\n&amp;#x200B;\n\nI learned a big lesson there, no matter how \"cool\" you are with a tenant. Always have them sign and execute the lease.", "replies": [{"id": "iv0jdp1", "text": "Sorry, to be clear I was not saying you\u2019re being nitpicky, I meant, \u2018if you want to be nitpicky\u2019 you should have the Termination Date be 2 calendar months after notice rather than 60 days. I completely respect being thorough about your financial interests which is why I was making that suggestion!", "replies": [{"id": "iv0nlvx", "text": "No offense taken at all - I'm probably being a little nitpicky. Im going with 2 months adv notice, and 4 months of early termination rental fee.\n\nI was trying to understand the diff bw two calendar months, and the 60d logic. I actually like that approach.", "replies": [], "depth": 4}], "depth": 3}], "depth": 2}], "depth": 1}, {"id": "iv00ai3", "text": "I agree with ice king monkey. If he has been a good tenant for 10 years and you haven\u2019t had any issues with him. I wouldn\u2019t worry about it. \n\nMaybe ask for three years before the disability clause can be triggered.", "replies": [], "depth": 1}, {"id": "iv1pg2y", "text": "I\u2019d give it to him. If he dies, you\u2019re going to have a battle to collect rent anyway.", "replies": [{"id": "iv3vpn7", "text": "makes sense - its rarely worth going to court to recoup forgone rent. Let those tenants leave and find another one.", "replies": [], "depth": 2}], "depth": 1}]