Opinion
The April 1st Rent Payment Conundrum

OPINION
By Brad Umansky, President, Progressive Real Estate Partners
It seems that the hottest topic of conversation over the past few days is what to do when a tenant’s business is adversely affected by “the virus”. Based upon conversations with landlords, tenants and property managers there is no doubt that many tenants and landlords are already thinking about how to handle the April 1st rent payment. Since we work with both, I’m writing this blog from both perspectives. Please note that whether you are a tenant or landlord, I encourage you to read the entire blog as there are overlapping ideas in each section.
It is important to recognize that we are in an interdependent economy and that there are many very financially stable tenants as well as some that are struggling and, for those in particular, this crisis will exacerbate the situation. At the same time there are many well capitalized landlords with the financial capacity to make concessions to help a tenant’s business when warranted, but there may also be less capitalized landlords who are in a similar situation as a struggling tenant.
So hopefully everyone will WORK TOGETHER as fairly as possible to minimize the economic damage that we are all observing and that many are experiencing. With these thoughts in mind, here are my recommendations.
What to Do as a Tenant
- Be Honest – One problem is that over the past decade many tenants have made it a part of their practice to ask for rent reductions and other concessions just to see if they can extract something from a landlord whether or not the request is warranted resulting in many landlords being skeptical of any request. This “dishonestly” as I see it has damaged the landlord/tenant relationship in many cases. Now is the chance to repair the relationship and honesty is critical so if you really don’t need a concession, don’t ask for one.
- Be Prepared – If you need a concession, be prepared to provide the landlord with 2019 sales reports and year-to-date 2020 sales so the landlord can review and compare the sales history. Also, if your business is independently owned, be ready to provide personal financial statements. Although your sales may be down, if you are sitting on cash or other liquid assets, you need to be ready to utilize such assets. Understand that having cash doesn’t necessarily mean the landlord won’t work with you. They recognize that you have other obligations, but being forthcoming with all the information will gain significant goodwill with most landlords.
- Full Disclosure – Be ready to tell the whole story. Is your business currently closed? If so, when did it close? Did you elect to close it or were you mandated to close it? Are you partially open? If so, what are you doing to mitigate your losses? What will a rent concession help you accomplish?
- Know Your Obligations – Recognize that you signed a binding contract that obligates you to pay a fixed rent whether your business “knocks it out of the park” OR “strikes out”. In my opinion, you should do everything possible to fulfill your contract. That being said, be prepared to be creative. Maybe you have a lease that expires in 2021. It might very well be reasonable to ask for 50% rent relief for the next 6 months if you agree to extend your lease term. Or maybe you can waive certain rights that you have relative to exclusives, rights of first refusal, or prohibiting other uses in the center. Keep in mind, leases are in-depth documents with a lot of provisions. It is not simply the rent and lease term that may be up for negotiation.
What to Do as a Landlord
- Listen to the Story – Generally speaking I believe that a tenant should pay their rent or leave BUT these are different times. Although I understand that some may be skeptical, there are many hard working independent business owners that are doing everything they can to keep their businesses afloat while also addressing their personal needs. There are also many quality corporate tenants that are simply going to be in a cash flow crunch and are going to need help from numerous parties to get them to the point where their business can recover.
- Ask for Information – Request 2019 and 2020 monthly sales reports, personal financial statements (if appropriate) and a written description of the status of their business including what they foresee is required to return to normal. For example, they may indicate that the day their business is allowed to re-open, they believe they will be fine OR they may think that even if the world starts to return to normal, it is going to take a while for their business to ramp back up.
- Request an Offer from the Tenant – Let the tenant tell you what they really need. Is it rent abatement (free rent), a rent concession (discounted rent), or rent deferral (effectively a loan).
- Communicate – Even if you need some time to think about the tenant’s proposal, make sure you get back to them as quickly as possible. This is a very stressful time and communication will be key. You wouldn’t want a situation where you were about to grant rent relief only to find out that because you waited too long they closed your location and put their resources elsewhere where the ownership was more responsive.
- Make a Deal – I suggest avoiding giving away anything. If you are going to make a concession, there should be a tradeoff. Here are some approaches you might take:
- If you are going to abate the rent or make a rent concession make it contingent upon the tenant fulfilling the balance of their lease term without default. This way they have a greater incentive to stay current once the world improves.
- In certain circumstances, it might make sense to obtain the right to terminate the tenant’s lease. Make an agreement to allow the tenant a 50% rent discount but you have the right to terminate the lease if you find another user to take their space. This would not be a mutual termination. Only the landlord would have this right. For tenants who could easily relocate to another space if you terminated (i.e. furniture, clothing), this could be a win/win.
- Defer the rent currently and add it to an extended term. If you gave a tenant a $30,000 concession in 2020, but then increased their rent by $500/month over the 5 years that starts in 2022, this could help you especially if you plan to sell or refinance after 2022 (assuming you believe the tenant will survive).
- Avoid an agreement that goes too long, but also one that goes too short. It seems pretty obvious that this is not just going to be an April rent problem. It could easily be 4 to 6 months or longer. So instead of going through this dance repeatedly, make a deal that at least covers the next few months so that everyone, including yourself, can plan accordingly. BUT if the tenant asks for concessions for the next 18 months, then I view this as bad faith on their part and negotiating with someone who makes such an ask is usually not someone who warrants a counter offer.
- Franchisees – If dealing with a franchisee, ask what the franchisor is doing to help. If the franchisor isn’t doing anything, this could tell you that the tenant is bluffing or that the franchisor doesn’t believe in the viability of the tenant either. Also, make sure you get the same sales reports that they send to the franchisor. And, if you agree to provide assistance, make sure the franchisor knows that you helped in case the franchisee just doesn’t survive. In this case, hopefully the franchisor will try and help you find another franchisee since they know you tried to help their brand at your center.
Remember that you can only help those that want to help themselves. Some tenants are simply going to take actions like closing their store and moving their inventory out and then possibly threatening you to make a deal of their liking or they will never reopen. If a tenant does this, you should probably hire an attorney. There is likely not going to be a way to salvage this relationship. You are going to have to pick and choose your battles.
A Few Other Items
- Insurance – we have discussed with a very knowledgeable advisor whether property or liability insurance held by either the tenant or landlord may be beneficial in this situation. He indicates that with all likelihood it will not be and that most policies have language that “specifically exclude loss caused by virus or bacteria or exclude loss caused by communicable disease.”
- Federal Programs – there may be some federal and state grant and loan programs that tenants can apply for. The following is a link to the Small Business Administration’s website that provides a lot of guidance regarding Federal programs that are available. This may be helpful to both tenants and landlords. https://www.sba.gov/page/coronavirus-covid-19-small-business-guidance-loan-resources
- Other Resources – Here is a page that provides resources in California and Los Angeles County https://laedc.org/coronavirus/
I truly hope that this blog is a valuable resource to both tenants and property owners. If we work together in good faith versus as adversaries, I am confident that good relationships, goodwill and positive outcomes will result from this very challenging situation.
Career & Workplace
California’s Population Decline Continues to Hammer Labor Supply

State’s Workforce Contracts Again In Latest Numbers; Unemployment Rate Ticks Up
California’s labor market grew modestly in the latest numbers. Total nonfarm employment in the state expanded by 8,700 positions in September, according to an analysis released today by Beacon Economics. August’s gains were also revised down to 8,900, a 19,000 decrease from the preliminary estimate of 27,900.
As of September 2023, California has recovered all of the jobs that were lost in March and April 2020 (the beginning of the pandemic), and there are now 436,400 more people employed in the state compared to pre-pandemic February 2020. Since that time, total nonfarm employment in California has grown 2.5% compared to a 3.0% increase nationally. On an annual basis, California increased payrolls by 1.7% from September 2022 to September 2023, trailing the 2.1% increase at the national level over the same period.
California’s unemployment rate rose slightly to 4.7% in the latest numbers, up 0.1 percentage points from the previous month. The state’s unemployment rate remains elevated relative to the 3.8% rate in the United States overall. Moreover, California continues to struggle with its labor supply, which fell by 17,700 in September, a decrease of 0.1% on a month-over-month basis. Since February 2020, the state’s labor force has contracted by 216,300 workers, a 1.1% decline.
“Census figures released this week reveal the extent to which households continue to leave California,” said Taner Osman, Research Manager at Beacon Economics. “The state’s population has fallen by half a million people over the past three years and this is filtering through to the economy, where the labor force has shrunk and employers are struggling to find workers.”
Industry Profile
- At the industry level, job gains were mixed in the latest numbers. The Health Care sector led the way with payrolls expanding by 18,200, an increase of 0.7% on a month-over-month basis. With these gains, Health Care payrolls are now 9.6% above their pre-pandemic peak.
- Leisure and Hospitality was the next best-performing sector, adding 11,300 jobs, a month-over-month increase of 0.5%. With these gains Leisure and Hospitality payrolls are now 0.4%, or 8,500 jobs, above their pre-pandemic peak.
- Other sectors posting strong gains during the month were Retail Trade (3,100 or 0.2%), Construction (2,200 or 0.2%), Real Estate (600 or 0.2%), and Management (500 or 0.2%).
- Payrolls decreased in a handful of sectors in September. Information experienced the largest declines, with payrolls falling by 7,300, a contraction of 1.3% on a month-over-month basis. However, this decline was driven by the strikes in the Motion Picture and Sound Recording sub-sector, which has shed 30,800 positions over the last year, a 18.2% decline.
- Other sectors posting declines during the month were Professional, Scientific, and Technical Services (-5,900 or -0.4%), Administrative Support (-5,500 or -0.5%), Manufacturing (-4,600 or -0.3%), Finance and Insurance (-2,200 or -0.4%), Other Services (-1,100 or -0.2%), and Transportation, Warehousing, and Utilities (-500 or -0.1%).
Regional Profile
- Regionally, job gains were led by Southern California in September. Los Angeles (MD) experienced the largest increase, with payrolls growing by 8,700 (0.2%) during the month. The Inland Empire (5,900 or 0.4%), Orange County (5,400 or 0.3%), San Diego (1,400 or 0.1%), and Ventura (800 or 0.3%) also enjoyed job gains. Over the past year, Orange County (2.1%) has seen the fastest job growth in the region, followed by Los Angeles (MD) (2.0%), El Centro (1.8%), Ventura (1.7%), San Diego (1.5%), and the Inland Empire (0.7%).
- In the San Francisco Bay Area, growth was mixed. San Rafael (MD) (1,000 or 0.9%) and Santa Rosa (1,00 or 0.5%) enjoyed the largest increase during the month. Vallejo (600 or 0.4%) also saw payrolls expand. On the other hand, San Francisco (MD) (-4,100 or -0.3%), San Jose (-1,800 or -0.2%), the East Bay (-1,600 or -0.1%), and Napa (-300 or -0.4%) all experienced payroll declines during the month. Over the past 12 months, Santa Rosa (3.4%) has had the fastest job growth in the region, followed by San Rafael (MD) (3.0%), the East Bay (2.0%), Vallejo (1.9%), San Francisco (MD) (1.4%), San Jose (1.3%), and Napa (0.5%).
- In the Central Valley, Sacramento experienced the largest monthly job gains with payrolls expanding by 2,200 (0.2%) positions in September. Payrolls in Bakersfield (700 or 0.2%), Modesto (700 or 0.4%), Redding (500 or 0.7%), Visalia (400 or 0.3%), Stockton (200 or 0.1%), and Chico (100 or 0.1%) also jumped during the month. On the other hand, Madera (-300 or -0.7%) and Merced (-100 or -0.1%) had payrolls decline. Over the past year, Yuba (2.6%) has enjoyed the fastest growth, followed by Hanford (2.4%), Fresno (2.3%), Sacramento (2.1%), Visalia (1.4%), Chico (1.3%), Bakersfield (1.0%), Madera (0.7%), Stockton (0.7%), Modesto (0.2%), Redding (0.0%), and Merced (-3.6%).
- On California’s Central Coast, Santa Barbara (400 or 0.2%) added the largest number of jobs in September. Salinas (300 or 0.2%) and Santa Cruz (100 or 0.1%) also saw payrolls increase during the month. On the other hand, payrolls in San Luis Obispo declined (-300 or -0.2%). From September 2022 to September 2023, Salinas (4.2%) added jobs at the fastest rate, followed by San Luis Obispo (3.1%), Santa Barbara (2.9%), and Santa Cruz (1.7%).
Bizz Buzz
Colton Resident Receives Free College Tuition and Books Through Walmart’s Education Program

By Saul Martinez, Contributing Writer for IEBJ
#bizzbuzz
This year marks the five-year anniversary of Walmart’s Live Better U (LBU) education program. Over the past five years, the company has saved associates across the country nearly half a billion in education costs, reflecting the company’s commitment to creating a path for everyone to learn and grow. In California, we’ve seen 5,620 Walmart and Sam’s Club associates participate in Live Better U over the past five years.
One such success story is Robert Gay, who lives in Colton, CA, and earned his college degree – fully paid for by Walmart. Robert was stuck in a stagnant position at his previous company, hindered by the absence of a degree that prevented him from advancing further. However, upon discovering the Live Better U benefits offered by Walmart, he decided to take a leap of faith and join their team with the intention of completing his degree. After successfully graduating with a bachelor’s degree in October 2020, he now takes immense pride in his accomplishment of accepting a promotion to associate general manager. Throughout his journey, Robert received overwhelming support from his local team, who not only empathized with his workload challenges but also aided when needed.
Most individuals typically encounter Walmart through its retail outlets. The Inland Empire Business Journal had the opportunity to explore a consolidation center of Walmart situated in Colton, California. Our visit left us deeply impressed by the remarkable cleanliness and impeccable condition of the facility, almost reminiscent of a high-end showroom.
While on the tour, we observed the diligent measures taken by the leadership to maintain employee motivation and awareness regarding the daily, weekly, and monthly performance Key Performance Indicators (KPIs) of the facility. These KPIs were prominently displayed on digital monitors throughout the premises. The Colton leadership created a mascot and call their team the Colton Eagles.
We found ourselves deeply impressed by this aspect of Walmart, which is often hidden from public view. Walmart unquestionably stands out as a company that not only offers excellent career opportunities but also boasts a remarkable 100% tuition reimbursement program. If you are seeking a career in the Inland Empire, this proves to be an exceptional workplace choice.
Whether someone is chasing their first job or the opportunity that will define their career, Walmart is committed to creating pathways of opportunity for everyone.
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