Landlords Offer Concessions to Keep Retail Tenants Afloat

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WSJ Your Money Briefing 9 min 2 speakers 5 chapters transcribed 2 months ago
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How are landlords responding to the pandemic threat to retail occupancy?

J.R. Whalen 0:06
Briefing for Tuesday, August 25th. I'm J.R. Whalen for The Wall Street Journal. The pandemic has had a devastating effect on the retail industry. And for landlords who don't want to lose their commercial tenants, it's time to make a deal.
Esther Fung 0:19
What they've been trying to do is to make sure that their tenants can survive, even if there is another mandated shutdown.
J.R. Whalen 0:26
Reporter Esther Fung will tell us the types of concessions that landlords are writing into their tenants' leases. That's after the break.
J.R. Whalen 0:41
Many Americans are at risk of being unable to make rent during the pandemic. That's putting pressure on landlords and potentially leading to a wave of evictions. On the commercial side, retail landlords are concerned about their tenants' ability to make good on their lease and are looking to safeguard against the specter of empty stores and shopping centers. Our reporter Esther Fung joins us to talk about concessions some landlords are offering their retail tenants. First off, Esther, are landlords really this fearful of another shutdown coming?
Esther Fung 1:09
Yes, they understand that this could happen again, and they want to be prepared for it. In California, the government had actually also issued another mandated shutdown when the number of cases spiked up.

Why are landlords afraid of another government-mandated shutdown?

Esther Fung 1:25
And so they realized that this could also happen in other parts of the country. It wouldn't come as much as a shock as previously, though. When the first mandated shutdown happened in March, it really caught lots of them flat footed. And it really caused them to scramble when it came to asking tenants for payment. But this time, they realized that, hey, you know, we are better prepared right now. And here's what we're going to do to the leases.
J.R. Whalen 1:52
So landlords definitely don't want to lose tenants. So can you give us some examples of the kinds of concessions and compromises that the landlords are writing into leases?
Esther Fung 2:00
Some landlords, they are very aware that they don't want empty storefronts, they don't want empty shopping centres, and what they've been trying to do is to make sure that their tenants can survive even if there is another mandated shutdown. Many landlords have said that they are especially helpful to the smaller businesses who don't have as much access to the capital markets as the larger national retailers.

What lease concessions are landlords offering to help struggling retail tenants?

Esther Fung 2:29
One of the things that they have offered in terms of concessions would be to give them more flexible terms in their leases, including percentage rent, where a tenant, instead of a high base rent, the tenant would pay 7% of their sales revenue from that store. This helps the tenant during periods when sales are down. Other ways the landlords can help tenants is to offer them higher tenant improvement allowances. These are allowances that help the tenants spruce up their current stores, perhaps some money to put some tables and chairs and tents outside so that they could still have customers come through. And of course, some would definitely want to include pandemic language in their leases in case another shutdown happens.
Esther Fung 3:26
These tenants would be able to defer rents during the periods of shutdowns. But typically, they'll have to pay something. The landlords still want to get paid something so that the landlords can pay their own overheads as well as their mortgages.
J.R. Whalen 3:41
Yeah, I guess the word pandemic wasn't on the list of points when leases were originally drawn up.
Esther Fung 3:46
The words pandemic or virus don't typically show up in leases. Tenants, whenever they sign a lease, they always have to get business insurance. And usually these policies include like acts of God, like say a hurricane happens or maybe a fire happens and the premises get physically damaged. That's when the insurance would kick in and the tenants would still be able to make whole and then they can still pay rent. But in this case, pandemic isn't included as one of the events where the insurer has to make a payout. That led to a lot of chaos back in April when lots of tenants weren't able to make rents and landlords were wringing their hands. They said, well, you know, if you don't pay me rent, how am I going to pay my mortgage?

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