Weekly Retail Real Estate News

Marc Perlof • November 17, 2023
In-N-Out Plots Move into New Mexico

In-N-Out announced Tuesday that it will enter a new market in New Mexico, a rare, but increasingly common move for the decades-old family chain. The burger brand is in the early stages of planning its first restaurants in the state. Openings in Albuquerque should happen by 2027. Expansion into other cities are expected beyond that. In-N-Out will use a distribution facility in Colorado Springs to deliver products to the upcoming New Mexico locations.


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DTSM selects new security company set to patrol the Promenade and Downtown districts


In a lengthy, five hour-plus meeting, the Downtown Santa Monica, Inc. (DTSM) board of directors who were gathered at the Third St HQ, along with members of the public and representatives from the Santa Monica Police Department, voted on which new security company would be offered the contract to patrol the Promenade and Downtown districts.


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Why You Should Negotiate a Lease’s Assignment and Subletting Clause

 

For many landlords looking to lease their ground floor retail space, franchisee tenants are an attractive proposition for several reasons. One, there is a track record. The landlord isn’t giving an improvement allowance and paying brokerage commissions in connection with a lease to a new concept tenant that may fail and force the landlord to re-market the space again soon. A franchise is a true-and-tried concept with a brand recognition that should be able to drive traffic and justify the investments by the landlord.

 

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Santa Monica to get its own ‘sphere’ (two, actually)


In the Downtown Santa Monica, Inc. (DTSM) board meeting last Thursday, members voted unanimously to move ahead with a 360 degree immersive ‘dome’ entertainment activation on the former site of Parking Structure 3. The project will consist of two, 360 degree immersive entertainment domes, very much like the new Sphere in Las Vegas, that has been attracting a lot of attention recently. While these will be very similar in nature they will be significantly scaled down, with one dome being 100 ft in diameter and the other being 180 ft. (To compare, the Sphere is nearly three times that size, at 516 ft in diameter.)


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61-Unit Wendy’s Franchisee Declares Bankruptcy


A 61-unit Wendy’s franchisee declared bankruptcy Tuesday after suffering from “post-COVID consumer habits, ever-increasing costs to do business, and significantly higher interest rates,” CEO Andrew Levy said.

Florida-based Starboard Group operates restaurants across Florida, Alabama, Illinois, Missouri, and Wisconsin. The company shuttered nine locations shortly before the filing. Collectively, these stores accounted for $1.5 million of $2 million in annual losses. Two additional units shut down prior to this move as well. More closures of underperforming stores—or ones with large remodel obligations—will likely happen in the future.

 

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Real estate can use generative AI to turn the industry’s data into treasure in seven steps.


Generative AI (gen AI) is maturing at an auspicious moment for the real estate industry. Investors have mountains of both proprietary and third-party data about properties, communities, tenants, and the market itself. This information can be used to customize existing gen AI tools so that they can perform real estate–specific tasks, such as identifying opportunities for investors at lightning speed, revolutionizing building and interior design, creating marketing materials, and facilitating customer journeys while opening up new revenue streams.

 

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BuyBuy Baby plots 100 stores; will open 11 on Nov. 18 — here are the locations


BuyBuy Baby is ready for its brick-and-mortar comeback. The specialty baby products retailer is opening 11 stores on Saturday, November 18, with locations stretching from Massachusetts to Maryland. (See list of locations at end of article.)The openings come less than four months after BuyBuy Baby was purchased out of bankruptcy by baby goods manufacturer Dream on Me and shuttered all its stores.

 

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Private equity firm Aurelius to acquire The Body Shop


The Body Shop is getting a new owner — for a bargain. Brazil-based cosmetics conglomerate Natura & Co said it reached an agreement to sell the natural beauty products pioneer to U.K. private equity group Aurelius. The transaction is valued at £207 million ($254 million), a steep decline from the $1.2 billion Natura paid to acquire The Body Shop from L’Oréal in 2017.

 

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Boot Barn to open 52 stores in 2024


Boot Barn Holdings remains committed to store expansion despite a soft second-quarter.  The retailer of Western-styled and work-related apparel and footwear opened 10 stores during its second quarter,  bringing its total store count to 371. Looking ahead, Boot Barn,
Chain Store Age’s 2023 Breakout Retailers award winner, plans to open 52 locations in 2024. In May 2022,  the company upped its long-term potential to approximately 900 stores.

 

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172-Unit Burger King Franchisee Declares Bankruptcy


Premier Kings, a 172-unit Burger King franchisee, declared bankruptcy in late October after the death of its owner created operational instability. It’s the third Burger King franchisee to enter court proceedings this year. The company was founded in 2009 by Manraj Sidhu. He started with six stores in the Birmingham, Alabama, market and expanded in 2014 with 34 more units throughout Alabama, Georgia, and Tennessee. From 2015 to 2021, 100-plus restaurants entered the portfolio in Tennessee, Florida, and South Carolina. Premier Kings earned $233.3 million and $255 million in sales in 2021 and 2020, respectively.


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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...
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