Retail Lease Guarantors Uncovered: Unlock the Mystery Now!

Marc Perlof • August 7, 2023

Retail leasing may be a complicated maze, with a fundamental question at its heart: who is the guarantor of a retail lease? It's time to expose the truth and walk you through the complexities of your retail lease guarantor.


A guarantor in retail real estate is a financial supporter who guarantees that the lease obligations are satisfied. Understanding the function of the guarantor is critical whether you operate a strip center or a single tenant net lease.


·        Individual Guarantor: Often, a business owner personally guarantees the lease, tying their financial health to the lease's success.


·        Corporate Guarantor: Larger entities might have a parent company or subsidiary acting as a guarantor, offering a layer of security.


·        Third-Party Guarantor: Sometimes, a completely separate entity can act as the guarantor, which usually occurs when a tenant doesn't have strong financial backing.


Identifying the true guarantor in the corporate world of retail leasing can be a complicated web. Multiple layers of Limited Liability Companies (LLCs) inside a company may be involved in a corporate lease, as well as Subsidiaries. While the lease may appear to be guaranteed by a strong corporate organization at first glance, the true guarantor may be an underlying LLC with independent financial standings or a Subsidiary with its own financial information. This detail can drastically influence the lease's risk assessment. Examining the precise LLC, Subsidiary, or organizational structure responsible for guaranteeing the lease is critical for determining the genuine guarantor. Such an investigation frequently necessitates the assistance of retail real estate and legal specialists to verify that you are appropriately assessing the guarantor's strength and dedication.


This additional degree of complication in corporate leases emphasizes the significance of knowing who is standing behind your contract, especially in multi-layered corporate structures. It is not enough to know the guarantor's name; it is also necessary to comprehend their financial capabilities and legal obligations within the larger corporate structure.


When comparing the value and cap rate of a retail lease, the distinction between a real corporate guarantee, a LLC business within the corporation, or a Subsidiary might be rather noticeable. A corporate guarantee issued by a well-established, financially sound firm may provide a sense of security and stability. This can result in a decreased perceived risk, which can lead to a lower cap rate and a higher property value.


A guarantee from an LLC company within the corporation, or a Subsidiary, on the other hand, may not have the same weight. This LLC or Subsidiary may be considered as a bigger risk if it has minimal assets or a less established financial track record. As a result, the cap rate may rise and the property value may fall.


Understanding these intricacies is critical for retail property owners because they have a direct influence on investment decisions and property prices. The guarantor's type, whether a strong corporate entity, a possibly weaker LLC inside that company, or a Subsidiary, might have far-reaching consequences for your retail real estate assets. Using the expertise of experienced real estate specialists who specialize in these issues can help you arrive at a more accurate value, matching your investment plan with the actual risk profile of the lease.


Navigating the complicated nuances of retail lease guarantors necessitates accuracy and knowledge of local legislation. While this article contains useful information, it is critical that you talk with an experienced retail real estate specialist and your real estate attorney about the details of your circumstance. Both experience assistance and tailoring the material to your specific lease agreement may ensure compliance with all legal obligations while preserving your investment. Don't leave such an important component of your business to chance; get experienced legal counsel to protect your retail real estate endeavor.


Are you a retail real estate property owner in search of clarity about your lease guarantor? Join the ranks of satisfied clients who have achieved their investment goals through our unparalleled guidance and technological advancements. Contact us today for a transparent and personalized experience that aligns with your unique needs.


#RetailLease #Guarantor #CommercialRealEstate #RetailPropertyOwners #MarcRetailGuy #LeasingInsights


By Marc Perlof August 1, 2025
Aldi, Trader Joe’s, and Lidl: Grocery's Power Trio The grocery segment has never been more competitive, and Aldi, Trader Joe’s, and Lidl have consistently emerged as top players. The three chains share similarities: all offer a limited assortment of groceries and tend to operate at lower price points – however, each one is carving out its own distinct path to growth...
By Marc Perlof July 25, 2025
Hey Retail Real Estate Rockstars! Let’s talk about something important that’s happening in California: AB 380 . This new law was created because, after wildfires and disasters earlier this year, some landlords raised rents on small business tenants by up to 300%. Places like cafés, stores, and barbershops were hit hard. People got angry. The government stepped in.¹ AB 380 is a new rule that may stop landlords from raising rent too much during emergencies. It’s not a normal rent control law, but it does limit how much rent can go up when something like a wildfire or pandemic happens. What’s Happening Now? AB 380 already passed the California Assembly. Now it’s going through the State Senate. On July 8, 2025, the bill passed the Senate Public Safety Committee It’s now being reviewed by the Senate Appropriations Committee² After that, it will need to pass a full Senate floor vote The final vote may happen later this summer What Does AB 380 Do? If it becomes law, here’s what it would do: Stop rent increases over 10% during emergencies, like wildfires or floods¹ Apply to small businesses like cafés, hair salons, stores, and laundromats² Block landlords from raising rent to cover repairs during emergencies² Fine landlords up to $25,000 if they break the rule³ Which Tenants Are Protected? AB 380 helps small business tenants during hard times. It applies to: Local cafés, bakeries, and restaurants Retail shops, like phone stores or clothing boutiques Barbershops, dry cleaners, and gyms Doctors and other offices in retail spaces If they’re in a declared emergency zone, and you're negotiating new leases or renewals, the law caps rent increases at 10%—even if the old lease has expired.² Do Big Chains Get Protection Too? Yes, they do. Even if your tenant is a big-name business, like a fast food restaurant, pharmacy, grocery store, or national gym, the rule still applies. That’s because AB 380 covers all commercial tenants, not just small local shops. So if a franchise or national chain signs a lease or gets a rent increase during an emergency, that increase can’t go over 10%. This means landlords have to follow the same rule, whether the tenant is a local business or a major brand.¹ What AB 380 Does Not Do Here’s what the law doesn’t do: It does not create permanent rent control It only limits rent during emergencies After the emergency ends, landlords can raise rent as usual⁴ Already Have a Long Lease? If your lease already includes annual rent increases or CPI adjustments, AB 380 won’t affect it. The rule only applies to new leases or changes made during emergencies. So if your tenant signed a 5-year lease with 3% increases, those terms still count. Just make sure any new deals include rent bumps you can depend on. Wait—Does This Mean Year-Round Rent Control? No. That’s a common misunderstanding. AB 380 is not permanent rent control. It only kicks in during emergencies declared by the state or city. Once the emergency is over, you can go back to market rent, as long as your lease allows it.¹ ² What the Numbers Say Over 5,000 complaints were filed after the 2024 wildfires² Rent overcharges were over $21 million per month in some places⁴ Price gouging complaints rose 52% across California since 2021⁵ A Message for Retail Property Owners AB 380 could change how you do business when disaster strikes. But you still have options. The key is knowing the rules, planning ahead, and protecting your income. If you’re a retail property owner in California, AB 380 could block you from raising rent above 10% — even if your lease expires — during any declared emergency. That means you might miss out on thousands in rent increases unless your leases are written the right way. The smart move? Make sure your leases are crisis-proof so you can stay compliant and still protect your income. Call or DM me for more information. Think About This… If a disaster lasts for months and you can’t raise rent past 10%, how will you protect your cash flow and still stay within the law? #CaliforniaAB380 #PriceGouging #CommercialRentControl #RetailRealEstate #SmallBusinessRights 
By Marc Perlof July 25, 2025
CEO of American Realty Advisors elected to Downtown Santa Monica board Stanley Iezman has been elected to the board of Downtown Santa Monica, Inc. (DTSM), filling the vacant property owner seat left open after the resignation of longtime board member Julia Ladd. The results were announced Thursday by DTSM CEO Andrew Thomas, who praised the caliber of candidates and the level of engagement from the downtown property ownership community...
More Posts