There’s a tectonic shift happening in the commercial real estate industry that has tenants rattled. You might not know it yet, but what you’re about to learn should be on your radar.
Big box retailers, who serve as anchor stores, are moving and the brand names we trust are closing down. This is causing a hotbed of tenant confusion. “There’s going to be a lot more closures that are going to be occurring,” said Any Glacier, founder of A&G Realty recently on CNBC. And to exacerbate the confusion, there’s a wave of owner refinance deals catching tenants by surprise.
At Cherry Creek Mall in Denver, CO, a recent owner refinance has tenants worried. Some speculate the landlord might be experiencing financial woes and are asking if this is an indication to plan to relocate. Tenants want to know if their businesses are at risk.
The real deal: owners are taking advantage of lower interest rates
In May, the Michigan-based landlord Taubman Centers, Inc. (NYSE: TCO), one of the largest REITs (Real Estate Investment Trust) in the nation to own and manage high-end retail and mixed-use properties, announced it had secured a $550 million, 3.87 percent, 12-year fixed loan. The deal, backed by Metropolitan Life Insurance Co,. was said to be used to repay an existing $280 million, 5.24 percent loan. Leveraging assets to restructure loans at lower interest rates is standard procedure in most areas of real estate, not just commercial.
One long-time retail tenant, who operates a franchise at the Center said he received an Estoppel Certificate in the mail and had no idea what it was or what to do with it. The document looked unfamiliar and was filled with legal jargon, which caused him to fear the worst. Anxious to find out more, he contacted his organization’s corporate office. Thankfully they were able to help him clarify matters and resolve the issue.
Read: How Retailers and Restaurateurs Can Boost In-Store Sales Through Specialty Leasing
But a lot of small business retail and office tenants, like restaurateurs and service professionals don’t have in-house counsel and are forced to pay expensive attorney’s fees to interpreted complicated legal documents, like an Estoppel.
There’s another wave of owner refinance deals that are expected to sweep across the nation. WP Glimcher Inc. (NYSE: WPG) is said to be just one of several major developers exploring refinance options.
How Developer Refinance Deals Impact Tenants
An owner refinance is no cause for alarm. The main issues that arises from these deals are Estoppel Certificates. Your commercial lease probably contains a clause that states you, the tenant, agree to answer letters within an allotted time-frame or the landlord can answer on your behalf. It’s important that you answer and return this document on time.
What is an Estoppel Certificate?
Estoppel Certificates confirm the contractual relationship between you and your landlord. Its purpose is to evidence to a third-party, such as a financial institution, that the provisions in a lease are true.
Answering can be fairly simple. The only thing most tenants need to do is fact-check the information making sure the provisions contained there are the same as those in your original lease agreement, such as the annual minimum rent, percentage rent, and license period clause. Cross-reference the documents word-for-word. If anything is substantively different, contact the landlord to have it corrected before signing.
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