Retail Real Estate Challenges? Win with This Advanced Technique!

Marc Perlof • October 12, 2023

Hey Retail Real Estate Rockstars! Here are some challenges of Long-Term Retail Real Estate Ownership for Property Owners and their Solutions


1. Fixed Rents vs. Market Rents:

  • Challenge: Long-term leases might be locked in at rates below the current market value.
  • 1031 Solution: Use a 1031 exchange to sell underperforming properties and reinvest in properties with higher rental potential or in areas with rising market rents, deferring capital gains taxes in the process ¹.


2. Reduced Flexibility:

  • Challenge: Being tied to a specific property type or location can limit adaptability.
  • 1031 Solution: If a property no longer aligns with market demands, utilize a 1031 exchange to transition into a more suitable property type or a more promising location, all while deferring taxes ².


3. Maintenance and Upkeep:

  • Challenge: Aging properties can require significant maintenance.
  • 1031 Solution: Instead of continually investing in an aging property, consider using a 1031 exchange to transition into a newer property that requires less upkeep, preserving capital and deferring tax liabilities ³.


4. Changing Consumer Behavior:

  • Challenge: The evolving retail landscape might make some properties less competitive.
  • 1031 Solution: Use a 1031 exchange to transition from properties that no longer align with consumer trends to those that do, such as transitioning from traditional retail spaces to experiential retail or mixed-use properties.


5. Economic Fluctuations:

  • Challenge: Economic downturns can lead to property depreciation.
  • 1031 Solution: If a property is at risk of significant depreciation due to economic factors, a 1031 exchange can be used to move investments to more economically stable areas or into different types of properties that might be more resilient.


The Bottom Line

The 1031 tax-deferred exchange is a powerful tool for property owners to navigate the challenges of long-term ownership. By strategically leveraging this provision, owners can adapt to changing market conditions, optimize their portfolios, and defer significant tax liabilities.


Attention retail real estate property owners! Don't let your investments stagnate. Harness the transformative power of the 1031 exchange to rejuvenate your portfolio, optimize returns, and stay ahead of the curve. Dive in now and discover the magic of tax-smart investing! Call, Text, or DM me for more information.


Have you ever wondered how top real estate moguls continuously upgrade their portfolios without the tax burden? The answer might be simpler than you think!


#RetailRealEstate #1031Exchange #MarcRetailGuy #TaxSmartInvesting #AdaptAndProsper


 https://legal1031.com/1031-exchange-resources/the-benefits-of-a-1031-exchange/

2. https://legal1031.com/1031-exchange-resources/the-benefits-of-a-1031-exchange/

3. https://legal1031.com/1031-exchange-resources/the-benefits-of-a-1031-exchange/

By Marc Perlof August 1, 2025
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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 
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