Tenant Bankruptcy: The Retail Realty Rollercoaster You Can Master!
Marc Perlof • October 28, 2023
Hey, Retail Real Estate Rockstars! When a tenant files for bankruptcy and refuses to renew their lease, as Rite Aid has started to do, it may be extremely difficult to navigate the waters of retail real estate. This unexpected turn of events may leave property owners struggling to maintain a consistent income flow and occupied properties. You may, however, hit back with enthusiasm if you have the appropriate information and approach. Here’s the lowdown:
When a tenant rejects a lease due to bankruptcy:
- It can lead to a sudden loss of rental income which could affect your ability to cover mortgage payments or other property related expenses.
- If other prospective renters think the site is less appealing, the vacancy may discourage them.
- It requires more money to promote the area again and could require renovations to draw in new renters.
What happens to the rent that is owed by the tenant?
- Pre-Petition Rent Arrears: The outstanding rent till the date of bankruptcy filing is considered pre-petition debt. This debt is now unsecured, and unfortunately, stands in line possibly behind other creditors, waiting for a slice of whatever assets are liquidated.
- Post-Petition Rent: Post the bankruptcy filing, if the tenant continues to occupy the space, they are required to pay rent. This portion is considered an administrative claim, generally standing in a higher priority than unsecured claims.
Now, let’s tackle this with some solid, actionable steps:
- Stay Proactive: Keep tabs on your tenants' financial health and be ready to discuss modified lease terms if necessary.
- Legal Advice: Seek legal counsel to understand your rights and possible recourses in the face of tenant bankruptcy.
- Restrategize: Assess the market and reposition your property if needed. A fresh coat of paint or a minor remodel could be a game changer.
- Marketing Magic: Launch a robust marketing campaign to attract new tenants. Highlight the strengths of your location and property features.
A study by the National Association of Realtors showed that retail vacancies hit a high of 7.5% in 2020, reflecting the economic turmoil of the pandemic.¹
According to a report by Reis, the average cost to turn over a retail space can range from $10 to $30 per square foot, depending on the extent of renovation required.²
Don’t let a bankruptcy hiccup turn into a long-term setback. With proactive management, legal savvy, and some marketing jazz, you can reposition your asset(s) and continue rocking the retail realm. For a deeper dive into managing such retail realty hurdles, call, text, or DM me. Let’s keep those retail spaces buzzing with activity and profitability!
Ever thought about how a tenant’s financial health mirrors the vitality of your retail real estate?
Always consult with your Attorney or legal counsel regarding a tenant's bankruptcy.
#RetailRealEstate #PropertyManagement #TenantBankruptcy #RetailRealtyRockstars #CommercialRealEstate
Cherished Malibu Seafood Shack The Reel Inn May Rebuild After State Reversal  Malibu’s one-of-a-kind seafood spot, The Reel Inn, may once again serve its signature fish puns and fried and grilled platters on Pacific Coast Highway after the state reversed its earlier position that blocked the restaurant’s return, according to Eater LA...
Hey, Retail Real Estate Rockstars! The Big Beautiful Bill (H.R. 1) has completely changed the rules for State and Local Taxes (SALT), which is great news for any property owner who has ever cringed when they see their tax bill. For those of you investing in retail real estate, this is the kind of victory that calls for a double espresso and a fresh pro forma. We're talking about actual tax relief in 2025. Let's dissect it. What Just Happened? The SALT deduction cap, once stuck at $10,000 per household, has officially increased to $40,000 for joint filers and $20,000 for single filers — but only between 2025 and 2029. After that, it’s back to the old cap unless Congress re-ups¹. Important Clarification for Property Owners While the IRS frames the new SALT cap in terms of individual filers ($20,000 single / $40,000 joint), the impact depends on how your retail property is owned: LLCs, Partnerships, and S-Corporations (Pass-Throughs): Income, expenses, and property taxes flow through to the owners’ personal returns. The higher SALT cap allows greater deductions here, boosting post-tax cash flow for the individual owners. Trusts & Estates: Similar pass-through treatment, meaning beneficiaries or trustees may capture the benefit depending on structure. C-Corporations: The SALT cap generally doesn’t apply, since corporate taxes are calculated differently and deductions follow corporate rules. REITs (Public or Private): REITs have their own tax regime, but shareholders who receive pass-through income may benefit at the individual level. Direct Individual Ownership: If you hold the property in your own name, property taxes fall directly under the SALT deduction rules. If you live in a high-tax state like California, New York, or New Jersey, this means you can deduct a lot more of your state income, property, and local sales taxes on your federal returns. Why Retail Property Owners Should Care More Deductible Property Taxes You can lower your taxable income on your federal return by deducting a larger portion of your high property taxes on retail assets. Boosts Post-Tax Cash Flow Increased deductions = less tax paid = more cash in your pocket. Offsets Reassessment or NNN CAM Spikes With inflation and property tax reassessments squeezing margins, this SALT cap increase gives you some room to breathe¹. Attractive to High-Income Buyers New investors seeking tax efficiency may find your retail property more alluring if you offer larger deductions. Strategic Planning Window: 2025–2029 These changes expire after 2029, so use this window wisely — structure sales, 1031 exchanges, or renovations when you can best leverage the deduction bump¹. Real Data, Real Impact The original SALT cap from the 2017 Tax Cuts and Jobs Act was projected to cost Californians alone over $12 billion in lost deductions annually². Nearly 30% of households in high-cost areas maxed out the previous SALT deduction limit². What About NNN Leases? Here’s the twist: if your property is on a triple-net (NNN) lease, your tenants — not you — pay the property taxes. For Landlords: The SALT cap change doesn’t directly benefit you, since you aren’t the one writing the property tax check. For Tenants: They may be able to deduct more of those property taxes on their federal returns, depending on how their business or personal tax filings are structured¹. Smart Move: Share this info with your tenants. Suggested Subject Line for Tenant Email: “You May Benefit from New Tax Deduction Rules (H.R. 1)” A simple note saying, “The new federal tax law (H.R. 1) increased the SALT deduction cap for 2025–2029. Since you pay property taxes under your NNN lease, this may be relevant for your tax planning. Please confirm with your CPA.” That small gesture positions you as knowledgeable, supportive, and proactive — which builds goodwill and strengthens tenant relationships. If you’re considering a sale, refinance, or exchange between now and 2029, let’s talk strategy while this deduction window is wide open #RetailRealEstate #CommercialRealEstate #TaxStrategy #SALTdeduction #PropertyOwners
The Iconic Reel Inn Malibu To Say Goodbye After 36 Years Plans to resurrect The Reel Inn Malibu after the Palisades Fire have been shelved following a decision by the California Department of Parks and Recreation not to renew the restaurant’s lease, as reported by The Wall Street Journal. The move effectively closes a 36-year chapter for the 144-seat seafood shack on Pacific Coast Highway, long recognizable for surfboards on the walls, clever signage, chalkboard menus, and the relaxed Malibu customers...
