'Make Tough Decisions': Coronavirus Plows Into Already Distressed Traditional Retailers
Some retailers that sought bankruptcy protection before coronavirus didn't pay April rent for locations that weren't originally scheduled to close.
April 13, 2020 at 05:00 AM
7 minute read
A healthy appetite for online shopping and edgy stores was bad news for traditional retailers, but the coronavirus is the dreaded buzzword that might prompt more closures than expected.
"More likely than not retailers who were struggling will close more locations than they initially anticipated," said Noah Shaffer, who runs daily and long-term property management and growth strategies for retail landlords across the U.S. "They are forced to make decisions, 'OK, we will pay rent at this location but not at this location.' More likely than not they are just being made to make tough decisions regarding which properties are the highest performers."
Shaffer, senior director of asset management at Tampa-based Confidant Asset Management, would know.
The landlords he represents, including four in Broward and Palm Beach counties, asked for April rent but payments were missing from home goods chain Pier 1 Imports Inc. and the Krystal Co. fast food chain, both operating under bankruptcy protection before COVID-19.
Pier 1 planned eight Florida closures and Krystal wanted to shut down at least two, but more could be out of business. Pier 1 didn't pay rent for a North Florida location, and Krystal didn't pay another of Shaffer's landlords, but he said neither location had been on the chopping block.
"Things, they changed now," he said. "They may walk away from that location."
Pier 1, which didn't respond to a request for comment by deadline, canceled an asset auction, and lenders took control of the business.
|Hard Times
Others aren't in Bankruptcy Court but are scaling back. They include Macy's Inc., which early this year closed Bloomingdale's at The Falls near Pinecrest and in February announced it also would close stores at Pompano Beach's Pompano Citi Centre and Sanford's Seminole Towne Center. The planned closing of Macy's Vero Beach store at Indian River Mall coincided with the mall's March 24 closure, according to Katy Welsh, who represents the mall owner.
Macy's attorney Charles Tatelbaum declined comment on his client but foresees tough times for struggling retailers.
"I think you have to look at retailers as if they were patients. Not coronavirus patients," said Tatelbaum, creditors' rights and bankruptcy director at Tripp Scott in Fort Lauderdale. If you have "a patient that is suffering from a really deep cancer or something, … I think the coronavirus in turn would be terminal for them."
The cancer patients include Pier 1 as it already faced e-commerce competition, he added.
COVID-19 has pushed even healthy retailers into hard times. Gyms had been coveted by landlords as they are immune to e-commerce but now are shuttered and joining those seeking rent abatement.
Welsh, a Colliers International director for retail services in Boca Raton, has heard of abatement requests from LA Fitness and Nordstrom, among others, as a member of different retail groups.
"National tenants are sending out letters, are asking for different periods of time," she said. "The general consensus is they are asking for June 30. I did hear now that some tenants are asking for eight months, which is ludicrous. I would say that no landlord would agree to eight months."
Publix and Walmart are among the landlords that temporarily waived rent, but others aren't budging.
Mall owner Taubman Centers Inc., based in Bloomfield, Michigan, told tenants they must meet their lease obligations as the real estate investment trust has its own mortgages to pay.
This might create a sticky situation at Taubman's Dolphin Mall in Sweetwater. Cheesecake Factory is a tenant, and the national chain announced it won't pay April rent at any locations.
Neither Taubman nor Cheesecake explained how they would work out their differences at Dolphin Mall.
A Taubman spokeswoman said the company is speaking with all of its tenants and had "highly productive calls" with several at Dolphin Mall.
"Naturally, this new reality can be much harder for less-established tenants and we sympathize with their position," Maria Mainville, director of communications said in an email. "However, as our recent letter stated, we must continue to fulfill our significant obligations and tenants share in that responsibility through their lease terms."
Foreclosure Moratoriums
Federal and state governments have imposed temporary moratoriums on residential real estate foreclosures and evictions, but that won't help the retail world.
Retail landlords with nonpaying tenants have the options to evict or reach a deal. But when it comes to tenants in decline before the virus, landlords are in a tough spot, Shaffer said.
"Why would I as a landlord say, 'Sure. Add another five years onto the lease, and you are going to pay an extra $45,000-$100,000 in seven years when you might not even be around in seven years, so why is that interesting to me?' " he said. " I am agreeing to a promise that is never going to be fulfilled. So it's challenging for the retailers who are struggling to work out a long-term deal because the landlords are just not as receptive."
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllFowler White Burnett Opens Jacksonville Office Focused on Transportation Practice
3 minute readHow Much Coverage Do You Really Have? Valuation and Loss Settlement Provisions in Commercial Property Policies
10 minute readThe Importance of 'Speaking Up' Regarding Lease Renewal Deadlines for Commercial Tenants and Landlords
6 minute readMeet the Attorneys—and Little Known Law—Behind $20M Miami Dispute
Law Firms Mentioned
Trending Stories
- 1Judicial Ethics Opinion 24-68
- 2Friday Newspaper
- 3Judge Denies Sean Combs Third Bail Bid, Citing Community Safety
- 4Republican FTC Commissioner: 'The Time for Rulemaking by the Biden-Harris FTC Is Over'
- 5NY Appellate Panel Cites Student's Disciplinary History While Sending Negligence Claim Against School District to Trial
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250