Some Guidelines on Rent Relief and Lease Obligations

Originally published on May 13, 2020 by Stephanie Friese, Christine Norstadt and Jennifer Garner for the National Real Estate Investor

The jury is still out for May income as landlords and property managers are still assessing the impact from their tenants’ payments. Office, industrial, and multifamily landlords will likely receive most, albeit with some shortfall, of rents because tenants in these sectors have not been affected as much as in the retail sector, where we are hearing reports that as many as 40-50 percent of retail tenants will not re-open.

Strategies to provide tenants with relief

Landlords must time the relief right. On the one hand, don’t rush. Investors need to make sure any relief is not in conflict with loan documents or is pre-approved by their lender(s). Many also believe we don’t yet know how long or short the recovery process will be and want to avoid the costs of multiple amendments. On the other hand, if recovery is going to be long, engaging with tenants early gives the landlord an opportunity to structure a relatively good deal with tenants, builds goodwill, and creates a basis to deny additional requests for relief from that same tenant if circumstances continue to worsen in the coming months.

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