Archive for the 'Financial Distress' Category

9 Defensive Strategies When Your Building is in Serious Financial Trouble

So, what happens if you uncover bad news and find out that your company’s landlord isn’t just managing cash flow but, may truly be in danger of losing its building…..the building YOUR COMPANY OCCUPIES?!

Here are 9 Defensive Strategies When Your Landlord May Lose The Building Your Company Leases, that might stave off catastrophe:

1. Buy the building from the landlord (This one may be challenging if your company is a small tenant in a large building)

2. Buy the building’s mortgage from the lender

3. Sublease your space (This strategy may be least effective if the building is experiencing financial hardship, especially in markets with little demand for space)

4. Restructure your lease (Can your company create enough of a financial benefit for itself and its landlord to save the building? What would be the quid pro quo?)

5. Seek self-help (Which services, on which the landlord may default, can your company perform or have performed by other service providers, without placing itself into default of its lease?)

6. Check with your real estate professional (What’s the word on the street?)

7. Check with your attorney (What legal remedies might be available to your company?)

8. If your lease is scheduled to expire, move now….move early (The double rent that your company might pay for a short time period, if it moves to other quarters before its lease expires, may be cheap in comparison to the expenses, lost productivity, and other challenges it might experience if the landlord loses its building)

9. Have a conversation with your landlord to determine what you might work out together
In tumultuous economic times such as these, prudence demands that executives be proactive in understanding the stability and risk associated with the real estate their companies occupy.  Advanced planning and a little investigative work, coupled with creative solutions can go a long way to protecting your company’s flank.

 

About Real Estate Strategies Corporation
Real Estate Strategies Corporation is a respected corporate advisory and transaction services firm that provides thought-leadership, decision-making, planning, project management, and transaction execution services to finance and senior executives at management team-led public, private, and portfolio companies, and not-for-profit organizations.  Under the leadership of its award-winning CEO, Andrew Zezas, RealStrat’s clients engage the firm when acquiring, disposing of, renegotiating, or enhancing occupied leased or owned real estate in New Jersey, Pennsylvania, New York, Connecticut, and throughout North America.  By creating and executing Business DRIVEN Real Estate Solutions and identifying hidden Opportunities, RealStrat drives greater operational and financial performance in support of its clients’ stakeholder objectives, M&A requirements, and exit strategies.

In the current economic environment, RealStrat’s efforts are focused on uncovering, capturing, and re-purposing hidden liquidity and minimizing risk in its clients’ leased and owned real estate.  The firm provides counsel as to competitive advantage strategies in preparation for the eventual economic recovery.  Visit www.RealStrat.com. Read about timely commercial real estate issues at RealStrat’s blog at www.CorporateAdvisor.wordpress.com. Follow RealStrat at http://www.Twitter.com/RealStrat.

LINKS:

RealStrat News
Biographies
Articles
Properties
What Our Clients Say

Copyright Real Estate Strategies Corporation 2011.  All Rights Reserved.

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33 Signs That the Building Your Company Leases May Be In Serious Financial Trouble

As your company seeks to reduce costs and preserve its cash, it is important to keep a careful eye on those other companies that provide services to you that can have a material affect on your ability to conduct business productively, safely, and profitably. Specifically, your company’s landlord could be experiencing financial or other challenges that, if unresolved appropriately, could hinder your company’s ability to enjoy a productive business environment, irrespective of your continued rental payments.

Watch for a number of issues that could signal your landlord is having difficulties, or may be headed for them. They could be signs that your landlord may be in danger of losing its building. While this list is not intended to be complete, some indicators may include:

1. Significant increases in vacancy in your building

2. Increases in vacancy in other buildings where your landlord has an ownership interest

3. Increases in vacancy in neighboring competitive buildings

4. Construction projects that start at your building but, languish unfinished for extended time periods (typically a sign that contractors are not being paid on time or at all)

5. Decline in response time and / or communications for service, maintenance, or repairs (a sign that staff has been cut or is stretched too thin)

6. Increase in equipment and system breakdowns, such as elevators, HVAC systems, etc. (indicates a decline in preventative maintenance, staff cuts, or more)

7. Fewer landlord or management company employees visible on site

8. Decline in security, life and property safety services

9. Consistent lack of consumable items in restrooms and other areas

10. Interior office, common area, or window cleaning occurs less often

11. Trash not disposed of in a timely manner or is stored in basements and other areas

12. Snow not removed from parking lots in a timely manner

13. Landscaping not updated or maintained and / or grass is cut less often

14. General deterioration of the appearance of the building, parking lots, and grounds

15. Reduction of tenant events

16. Deferred capital improvements

17. Preventative maintenance announced or planned but, not implemented

18. Floors, glass, and metal and other interior components not polished or maintained

19. Band-aid repairs being made in place of needed capital replacements

20. Unresolved mechanics liens from contractors and other service providers

21. Real estate taxes delayed or not paid

22. Mortgage payments delayed or not paid

23. Water, utility, or other payments delayed or not paid

24. Increase in unresolved or unpaid fines from the municipality and / or other governmental authorities

25. Substantial and / or unexplained increases in operating expenses and costs of landlord or management company provided services passed on to tenants

26. Landlord making multiple requests for you to sign estoppel certificates or lease summaries (suggests that the landlord may be scrambling for financing or attempting to sell the building)

27. Real estate brokers unwilling to show your building to prospective tenants (suggests that landlord is unable or unwilling to pay commissions – typically a sign of a cash crunch)

28. Contractors seeking payment from you instead of landlord (indicates a lack of confidence on the part of contractors in their ability to be paid on time, in full, or at all)

29. Contractors unwilling to work in your building (see above)

30. Multiple switching of leasing and / or managing agents, building managers, cleaning companies, security services, vendors, service providers

31. Landlord selling other assets

32. Landlord’s inability to sell or refinance your building

33. Change in landlord’s leasing program – agreeing to many short term leases to small, transient, and / or undesirable companies

What can you do to protect your company and assure that your environment remains productive, safe, and profitable, and that your company receives the services to which it is entitled?

Imagine planning and executing a well designed defensive operational and financial strategy, only to find out that the real estate your company leases may not be under your control and that the space may be pulled out from under you!  That’s right!  Your landlord may not be as good at pruning expenses and could lose your building, throwing into question your company’s rights to remain in its space.

“But, we have a lease with many years remaining;  We pay rent and have never been late!  They can’t take our space away from us….can they?”

The answer to that question is a resounding…..”That depends!”  It depends on a number of factors, from whether or not your landlord will really lose its building, to who will end up with it, to what the process will be if the landlord does lose the building, to how thorough your company’s lease was negotiated in the first place and what protections that document affords you.

The first step is to read your company’s lease. Check all of the clauses that might impact your occupancy, including those pertaining to non-disturbance, landlord default, self-help, sublease, early termination, and others. Since your lease constitutes the rules of engagement, be certain to understand your company’s rights, privileges, and obligations, in the event of a serious landlord problem.

Make it your business to understand all lease components that could affect your company’s ability to remain in the building if the landlord were unable to support it financially. Specifically, does your lease provide for self-help (the ability to secure services that the landlord fails to provide) in the event that the landlord defaults in providing services to you? Can you contract for temporary cleaning and other services? Can you secure utilities directly from the utility provider? Can you do the above without putting your company into default of its lease?

What if the landlord actually goes bankrupt and ownership of the building reverts to the lender? Can the lender terminate your lease? Maybe! Does your lease require the landlord to secure a non-disturbance agreement for you from the lender? Has the landlord provided you with that document? A non-disturbance agreement, if written properly, will most often prevent a successor, like a lender, from terminating your lease.

By now, you’re likely asking: “Why would a lender terminate our lease? Wouldn’t they prefer to retain rent paying tenants?”

That, too, depends! It is possible that your building could have a greater value or a greater likelihood of being sold if it were vacant. Perhaps a larger tenant, or one that for some reason is more desirable, may want your space. Or, maybe your company’s use of its space is not conducive to the lender’s future plans for the building. Without a non-disturbance agreement, your company could receive notice to vacate and have little choice.

When commercial landlords experience financial difficulties, the tell tale signs may be easy to spot. In many cases, payments to vendors, service providers, taxing authorities, and others become delayed or are sometimes not paid at all. In others, the building shows signs of neglect.

If you believe you have reason to be concerned, do a little detective work. Check with the local property tax dept, utility companies, and other building services providers to confirm that bills are being paid in-full and on-time. Ask around, too. Are vendors, commercial real estate brokers, contractors, and others being paid in-full and on-time? But, be careful here. You wouldn’t want to spook anyone and create concern about your landlord if problems don’t exist.

Above, we discussed 33 Signs That the Building Your Company Leases May Be In Serious Financial Trouble.  Guess what?  There are more than 33 signs!  Take a look around your building and ask yourself some of these questions:

34. Has building management or maintenance staff been cut?

35. Is the landlord any less responsive?

36. Are capital projects being delayed?

37. Is construction languishing in an incomplete state for extended periods?

38. Are repairs taking too long to complete?

39. Does the building look as good as it did?

40. Are the interior and exterior common areas being well maintained?

41. Is the landscaping being properly maintained, trash being removed and parking areas being plowed of snow promptly?

42. Are vacancies growing?

43. Are smaller, less desirable, and / or transient tenants taking space?

44. Has the landlord tried unsuccessfully to sell or refinance the building?

These are common indicators that a building and / or its landlord may be in serious financial trouble.  So, how bad could it get? What could happen if your landlord DOES lose your building to its lender…..or, to the sheriff for non-payment of property taxes?  It could get ugly…very ugly, with your company’s productive becoming the victim.

Do your homework…early and thoroughly!

About Real Estate Strategies Corporation
Real Estate Strategies Corporation is a respected corporate advisory and transaction services firm that provides thought-leadership, decision-making, planning, project management, and transaction execution services to finance and senior executives at management team-led public, private, and portfolio companies, and not-for-profit organizations.  Under the leadership of its award-winning CEO, Andrew Zezas, RealStrat’s clients engage the firm when acquiring, disposing of, renegotiating, or enhancing occupied leased or owned real estate in New Jersey, Pennsylvania, New York, Connecticut, and throughout North America.  By creating and executing Business DRIVEN Real Estate Solutions and identifying hidden Opportunities, RealStrat drives greater operational and financial performance in support of its clients’ stakeholder objectives, M&A requirements, and exit strategies.

In the current economic environment, RealStrat’s efforts are focused on uncovering, capturing, and re-purposing hidden liquidity and minimizing risk in its clients’ leased and owned real estate.  The firm provides counsel as to competitive advantage strategies in preparation for the eventual economic recovery.  Visit www.RealStrat.com. Read about timely commercial real estate issues at RealStrat’s blog at www.CorporateAdvisor.wordpress.com. Follow RealStrat at http://www.Twitter.com/RealStrat.

LINKS:

RealStrat News
Biographies
Articles
Properties
What Our Clients Say

Copyright Real Estate Strategies Corporation 2011.  All Rights Reserved.

###

Passive Real Estate Brokers…Striving for Mediocrity

Considering the current challenges in the global economy and the commercial real estate marketplace, it is amazing that a few brokers continue to take a laid-back and nonchalant attitude toward their business, their clients, and their potential customers.  

While this type of attitude may exist across all segments of the commercial real estate industry, and other industries for that matter, I have most recently experienced this confusing approach with a handful of landlord representatives.  Even more disturbing is the adversarial used car salesman-like tactics I continue to see proffered by some low-rent brokers.

These brokers even use terms that support their largess on their path to mediocrity.  They “show” their landlords’ properties.  Showing anything to another person basically says: “Here it is, see for yourself.”  Showing something only permits a view of what’s on the surface. That’s exactly the problem.  Showing property won’t accomplish anyone’s objective in an over-supplied commercial real estate market!  The most successful brokers I’ve met, those who represent either landlords or tenants, understand that not merely showing a property but, presenting it in its best light, and providing insight as to both its attributes and its short-comings is the optimal approach to inspiring a potential tenant to consider it as a possible future corporate home.

Interestingly, I have found more passive brokers representing buildings, than on the buyer or tenant side.  But, these brokers do not represent the majority of the landlord representation segment of the commercial real estate brokerage industry.  Passive brokers can sometimes afford to be more sedate, as they wait for the phone to ring and  look like heroes.  Don’t get me wrong, I’m not knocking landlord and property brokers…not at all!  I’m just fed up with the lazy ones and those who simply don’t do their job!  Some of the most impressive professionals in commercial real estate today are property brokers who understand that their success is directly related to their ability to support the objectives of their clients (landlords), while serving the needs of their customers (tenants and their brokers).

Passive brokers don’t return your calls right away, they take their time opening the emails you send them, let alone responding.  And, when they do respond to your emails, it is often in only a few words, poorly written without punctuation or proper grammar, leaving you to figure out what the heck they mean.  Passive brokers can usually be identified by sloppy and incomplete proposals and offers, and by missed deadlines attached to a long list of excuses and promises never to do it again. 

As competitors, I like passive brokers for one reason; it is pretty darned easy to win against them.  And, most often, they don’t even see successful brokers coming!  So, why do I care?  Because I must deal with them when they represent transactional opponents, and they get in the way.  Moreover, these kind of devil-may-care brokers, most of whom will put in less than an 8 hour day (even in this economy!) perpetuate too many of the negative stereotypes that many of us in the commercial real estate services industry work so hard to quash!

So, in a hard scrabble business like commercial real estate, in the worst economy in decades, do you really want to be one of those laid-back, wait-for-the-phone-to-ring types?  If so, then go sell something else, and get out-of-the-way!  There are some pretty hard-working brokers in commercial real estate who prefer not to have to step over you on their way to serving their clients and customers!

Real Estate Strategies Corporation is a respected corporate advisory and transaction services firm that provides thought-leadership, decision-making, planning, project management, and transaction execution services to financial and senior executives at management team-led public, private, and portfolio companies, and not-for-profit organizations.   Under the leadership of its award-winning CEO, Andrew B. Zezas, RealStrat’s clients engage the firm when acquiring, disposing, renegotiating, or enhancing occupied leased or owned real estate in New Jersey, Pennsylvania, New York, Connecticut, and throughout North America.  By creating and executing Business DRIVEN Real Estate Solutions and identifying hidden Opportunities, RealStrat drives greater operational and financial performance in support of its clients’ stakeholder objectives, M&A requirements, and exit strategies.

In the current economic environment, RealStrat’s efforts are focused on uncovering, capturing, and re-purposing hidden liquidity and minimizing risk in its clients’ leased and owned real estate.  The firm provides counsel as to competitive advantage strategies in preparation for the eventual economic recovery.  Visit http://www.RealStrat.com.

Acquire new ideas about commercial real estate at RealStrat’s blog at http://www.CorporateAdvisor.wordpress.com.   Follow RealStrat and Andrew Zezas at http://www.Twitter.com/RealStrat.

Check out The Executive’s Guide to Understanding Corporate Real Estate Transactions.

Where is Andrew Zezas?

Copyright Real Estate Strategies Corporation 2010.  All Rights Reserved. 

###

Soon To Be In Foreclosure!

You’re not going to believe this story…in this economy…in this real estate market!  I almost can’t believe it myself!  This is real time stuff that  happened to me.

To set the stage, my client is a growing company that is led by a very bright CEO.  He’s young, aggressive, extremely accomplished, highly successful, hard-working, respectful, and takes no prisoners.  He’s a straight shooter who respects straight shooters.  

The tenant occupies office space in a suburban New Jersey building, which is owned by an out-of-state landlord.  This particular landlord promotes the stereotype of the mean and nasty commercial landlord, that dwindling minority of the industry that tries all they can to dominate every tenant and every deal.  This landlord, a cheap suit wearing an open collar, gold chain, and way too much cologne,  demonstrated himself to be arrogant, condescending, self-absorbed, not too bright, somewhat successful despite himself, probably a front man for other people with real money, and based on his antics, someone who still thinks he’s in a landlord’s market where tenants should pay homage to him and be grateful to be occupying his building.  Based on how this landlord handled himself, he is a very strong candidate for president of the local bread line.
Here’s the abridged version of what happened.  You’ll get a kick out of it!
  • Our client, the tenant, sought to renegotiate its existing lease based on current market conditions, or to relocate to another building
  • Our client had uncomfortable dealings with the landlord in the past
  • We submitted an RFP to the landlord’s agent and provided specific guidance as to our tenant’s requirements
  • The landlord’s agent called us with a precise message from the landlord, one that I have never received before:  “The landlord said if you play ball with him, he’ll pay you a commission.  If you make it tough for him, he’ll only pay you half!”  Wow!  How to win friends and influence people!  Was the landlord trying to intimidate us, create a conflict-of-interest, or just bring us over to the dark side?  We advised our client of the conversation.
  • Despite our guidance, the landlord submitted a proposal that was extremely one-sided and did not address our client’s requirements
  • The landlord attempted to circumvent us and meet with our client directly
  • Our client authorized us to arrange a meeting with the landlord, which we did
  • The landlord rescheduled the meeting twice and then swaggered-in 45 minutes late
  • During the meeting, the landlord was disrespectful to our client, speaking down to both the CEO and the President, as well as, to his own agent
  • The landlord arrogantly spoke to me, and after realizing that he was not the most important person in the room and wouldn’t get his way, waved his arms, got up and stormed out
  • Despite our email and voicemail requests for a revised landlord proposal, weeks passed without a reply
  • I finally go the landlord’s agent on the phone one evening, when he sheepishly told me he was not authorized to respond, but didn’t want me to tell that to the tenant…Huh?
  • We received an email directly from the landlord saying we were an impediment (To what…his ability to take advantage of our client?), and telling us that he instructed his agent not to deal with us ever again (Really?  So, I should not bring my next 100,000 sq ft tenant to your building?)
  • Our client said good riddance and instructed us to make a deal elsewhere
  • Our client will be moving into their new facility shortly
  • Oh, and did I mention that the landlord’s building is a 60% vacant class B building that sits way out beyond the western fringe of the central New Jersey market, where very little demand exists even in good times?

Anybody want to buy an office building…cheap?

Real Estate Strategies Corporation is a respected corporate advisory and transaction services firm that provides thought-leadership, decision-making, planning, project management, and transaction execution services to financial and senior executives at management team-led public, private, and portfolio companies, and not-for-profit organizations.   Under the leadership of its award-winning CEO, Andrew B. Zezas, RealStrat’s clients engage the firm when acquiring, disposing, renegotiating, or enhancing occupied leased or owned real estate in New Jersey, Pennsylvania, New York, Connecticut, and throughout North America.  By creating and executing Business DRIVEN Real Estate Solutions and identifying hidden Opportunities, RealStrat drives greater operational and financial performance in support of its clients’ stakeholder objectives, M&A requirements, and exit strategies.

In the current economic environment, RealStrat’s efforts are focused on uncovering, capturing, and re-purposing hidden liquidity and minimizing risk in its clients’ leased and owned real estate.  The firm provides counsel as to competitive advantage strategies in preparation for the eventual economic recovery.  Visit www.RealStrat.com.

Acquire new ideas about commercial real estate at RealStrat’s blog at www.CorporateAdvisor.wordpress.com.   Follow RealStrat and Andrew Zezas at http://www.Twitter.com/RealStrat.

Check out The Executive’s Guide to Understanding Corporate Real Estate Transactions.

Where is Andrew Zezas?

 

Copyright Real Estate Strategies Corporation 2010.  All Rights Reserved. 

###

10 Reasons Why a Lender Might Cancel a Commercial Tenant’s Lease?

In a recent post, I wrote about the “Dangers of Ignorance” when tenants don’t aggressively seek to understand the financial stability (or, instability) and creditworthiness of prospective landlords  before executing leases.  I wrote about the risks of lenders terminating leases when they take over foreclosed or bankrupt buildings. It is a widely held misconception, and frankly a dangerous and naive one, that when taking over buildings lenders won’t terminate commercial leases.  Think so?  Read on.

How many times have I heard this:

“If the landlord goes bankrupt, the building can’t go anywhere…we’ll still have our space and we’ll be able to do business!” 

Actually, while a foreclosed building won’t likely pick up and move, a company’s lease actually could go away.  Very often, when lenders seize buildings in financial distress through bankruptcy, foreclosure, deed-in-lieu-of-foreclosure, or by other means, they often have no obligation to recognize tenants or their leases, and can take a number of steps that may not be in tenants’ best interests.

When taking over buildings, lenders can very often terminate leases; increase, decrease, or change the spaces associated with certain leases; change rents and other lease terms; and a lot more.  When they are able to terminate leases, lenders are typically not required to recognize options, rights, or other hard-won protections tenants may have secured from the previous building owner.  Moreover, when terminating leases, lenders have no obligation to reimburse tenants for leasehold improvements that they’ve installed in their space at their own expense, relocation costs, business interruption, or otherwise.

Here’s another doozy: 

“No lender will terminate our lease in this economy.  Our rent will be too important to them!  So, we’re safe!”  What a naive perspective!

There are multiple reasons why a lender might terminate a lease, even in the current economy.  Here are a few:

 1. The tenant’s rent is under market

2. The lease contains options or rights that could impede future leasing efforts

3. The terms of the lease are not favorable to future landlords (possible purchasers of the building)

4. The lease term is too short to positively impact value

5. The tenant occupies too much of the building, thereby making the building a potentially unstable or unattractive investment

6. The tenant’s creditworthiness is too risky

7. The tenant’s use of the building doesn’t support that which could optimize the building’s value

8. The tenant’s space is an obstacle to a more important tenant’s growth

9. The lender sees greater value in making entire floors available

10. The lender seeks to empty the building and offer it for lease or sale on a completely vacant basis, because it might yield greater value to a single owner or tenant, or because the lender plans to convert the building to some alternative use

Are there other reasons?

“But, we got a non-disturbance agreement when we signed the lease.  So, we’re safe, aren’t we?” 

Are you?  Did you secure a non-disturbance agreement or just a promise from the landlord that it would provide one?  Did you actually receive it?  If the lenders changed in your building during your lease term, did you obtain a new non-disturbance from the new lender?  Was the landlord obligated to provide a non-disturbance from the original lender AND all future lenders? 

Like any written document, the terms of a non-disturbance agreement may not be sufficiently strong to protect a tenant against the actions that a lender may be permitted under the law.  And, not every tenant gets a non-disturbance agreement!  In fact, in most buildings, only the largest tenants (typically measured by company size  or square feet), or the most important tenants are usually successful in securing non-disturbance agreements.  Those tenants without non-disturbance agreements can be at significant risk of having their leases terminated by a lender that takes over their building.

What’s a tenant to do?  Tenants should consult their attorneys to review their leases and non-disturbance agreements.  They would be well advised to ask their real estate advisors to find out what’s going on with their buildings and their landlords.  Taking steps now to protect a company’s flank before it’s too late would be a wise move…especially, in the current economy! 

What are your thoughts?  Have you been through a lender lease termination?  How did it work out?

Follow me at http://twitter.com/RealStrat

Where is Andrew Zezas?

 

Copyright Real Estate Strategies Corporation 2010.  All Rights Reserved.

###

The Dangers of Ignorance in Commercial Real Estate

Do commercial tenants recognize the dangers associated with not understanding the creditworthiness of their prospective, or even their current, landlords?  Standard operating procedure for most landlords is to gather financial information on prospective tenants and assess their associated risk before entering into leases.   Historically, commercial landlords, as a group, have been considered to be financially stable.   Tenants didn’t concern themselves with the possibility of landlords becoming insolvent.  

Despite some reports of stabilizing markets, in most of the country commercial real estate vacancies continue to rise, albeit at a slower pace.   Demand for office space remains very low, with little change foreseen in the short-term.   A substantially lower percentage of new leases are being completed than in previous years.  Many lease renegotiation transactions are taking place throughout the United States.  Lease renegotiation transactions often result in longer leases for less space.  While modifying existing leases in this manner could have long-term positive effects on landlords and the values of their buildings, the short-term effects of higher vacancies and the resulting lower positive cash flow could lead to devastating results for some landlords.   In the current global economic environment, many companies (tenants) previously considered to be rock solid are experiencing severe financial challenges.  Most landlords are stepping up their focus on tenant creditworthiness and are modifying how they negotiate leases to protect themselves.

I’ve heard from commercial landlords that few tenants, both those engaged in negotiations for new leases and those seeking to renegotiate existing leases, request financial information from those landlords. Why not?  Since most landlords are not publicly held, this lack of inquiry can’t be because tenants are satisfying themselves with publicly available information.  Are most tenants just happy idiots?  Are they not aware that like any other companies that require sustained revenue, landlords can become insolvent, too?  Are tenants completely confident in the landlord industry, the economy, or the bankruptcy system, such that they don’t feel the need to conduct due diligence into the financial backgrounds of their commercial landlords? 

Are commercial tenants completely ignorant to the dangers and risks of buildings in financial distress and landlord insolvency?  Are they simply not aware that when landlords become insolvent, it does not happen in a single day, nor does the situation get resolved the next day?  Both the financial decline and the eventual resolution of a landlord bankruptcy typically occur over extended time periods, and are most often accompanied by significant declines in building services, repairs, response times, and more.  And, during bankruptcy and receivorship, the transitional states in which commercial buildings can find themselves often create extreme challenges to tenants’ operational efficiencies and employee productivity.  

Are tenants also aware that, depending on the terms of their leases, in a landlord bankruptcy or similar legal action those leases may be terminated with no recourse by the tenant and no reimbursement for leasehold improvement costs incurred by the tenant?  Are tenants cognizant of the risks associated with the fact that most building leases limit the liability of landlords to their equity in that building alone, which equity is typically the first element to be eliminated in bankruptcy,  thereby often leaving little or no recourse against landlords by tenants?   

Are tenant advisors and legal counselors not properly cautioning commercial tenants as to the very real dangers associated with potentially insolvent landlords?  Well?

Follow me at http://Twitter.com/RealStrat 

Where is Andrew Zezas?

Copyright Real Estate Strategies Corporation 2010.  All Rights Reserved.


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