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Posts tagged "landlord"

Home» Posts tagged "landlord"

Top 10 Issues Affecting Real Estate – Part II

Posted on September 6, 2021 by Mike Kushner in Blog, Commercial Real Estate No Comments

In Part I of the “Top 10 Issues Affecting Real Estate” we covered topics 1-5 of the top issues we expect to have a lasting and immediate impact on real estate here in Central Pennsylvania and across the United States. If you missed it, start here!

Keep reading if you’re ready to dive deeper into issues #6-10 as we continue down the list of the most pertinent topics to real estate as they apply to various sectors.

#6 Housing Supply and Affordability

Decades of underinvestment and underbuilding have created a shortage of housing in America that is more dire than previously expected and will require a concerted, long-term nationwide commitment to overcome. As it stands, there are three things that most can agree on in the current housing market: 1) there is a tremendous need for affordable housing; 2) there continues to be a sentiment of a “Not in My Back Yard” mentality; and 3) there’s an ongoing supply deficit of market-rate housing.

A severe lack of new construction and prolonged underinvestment has led to an acute shortage of available housing to the detriment of the economy and certain segments of the public. This trend affects every region of the country, creating an “underbuilding gap” of 5.5 to 6.8 million housing units since 2001.

#7 Political Polarization

Simply put, we are squandering resources as we try to address problems that arise from the partisan divide, rather than problems confronting us as common issues. This hinders our productivity and therefore the nation’s economic strength. And the real estate industry’s well-being is a function of our economic growth. The economy and the real estate industry would be far healthier, as would American society, if the pattern of party-line voting in the halls of Congress could be transcended in favor of something very traditional: the defining of politics as the art of compromise.

#8 Economic Structural Change

What we’re seeing is many investors increasing their focus on property management aimed at retaining tenants and defending cash flow, while selectively seeking ‘value-add’ properties amenable to active asset management. The thinking is “focus on what you can control” during this period where macro-level uncertainty is the governing headwind at the policy level in terms of the structural problems in this economy. This is a significant economic structural change. Additionally, Cap rates ranging, on average, from 5% for apartments to 6.6% for offices are keeping pricing rich compared with the risk inherent in that underwriting uncertainty.

#9 Adaptive Reuse Reinvented

Adaptive reuse is not a new terminology but since COVID-19 it’s evolved into a re-examination of our suburban communities to reposition them for transformation before the opportunity for change passes them over. The trend we see now, and one that stands to have a large impact on commercial real estate is addressing the challenge of what to do with hundreds of defunct suburban malls and thousands of empty Big-Box retail stores that are surrounded by desirable and affordable neighborhoods. This makes it to the Top #10 list for four main reasons:

  1. Reconnecting our communities from what the Interstate Highway system divided from the 1950s to the 1980s
  2. Preventing blight that developed in our dense urban cities from flowing to the suburbs and secondary MSAs
  3. Restoring much-needed greenspace to our neighborhoods and cities that can germinate interaction of diverse demographic groups
  4. Promoting good ESG and diversity, equity, and inclusion policies

#10 Bifurcation of Capital Markets

Looking back over the last year and a half, what becomes clear is how different the market-changing event of COVID-19 was compared to prior market corrections. While transaction volume is slowly recovering, it’s still well below pre-COVID levels. Furthermore, the market has not seen the volume of expected distress sales, but there is plenty of capital ready to deploy! As we look to the remainder of 2021 and into 2022, performance will dictate the amount of distress and losses, and risk management should dictate markets, property types, leverage, loan structure, and pricing for mortgage debt.  The next year should also tell us if commercial real estate debt was too rich and whether perceived risk underestimated where pricing should have been.

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Among issues 6-10, which one do you believe will last the longest or have the greatest impact? Start a conversation by leaving a comment below!

And be sure to visit Part I to learn about issues #1-#5!

[Online Resources] Real Estate, advice, agent, blog, broker, businesses, buy, central pa, Commercial Real Estate, CRE, employees, expert, factors, funding, government, harrisburg, home office, industrial, infrastructure, insight, issues, landlord, laws, lease, logistics, Mike Kushner, office, office environment, Omni Realty Group, pa, pennsylvania, professional, property, remote working, retail, sell, taxes, top 10, trends, virtual office

Is a new kind of “crash” on the horizon for real estate?

Posted on August 30, 2021 by Mike Kushner in Blog, Commercial Real Estate, Local Market, Trends No Comments

It doesn’t take more than a quick glance through the news to read something about the fast and wild real estate market that has risen from the chaos of a global pandemic. Listings are selling within days of hitting the market, well above asking price, and construction can hardly keep up with the demand for new residential and commercial properties. There are many factors impacting the temperature of the market which make it quite different than the real estate “boom” we know all too well from 2008 – as well as the crash that followed.

Should real estate professionals as well as buyers, sellers, and builders be wary of a similar crash on the horizon? Without a doubt, the market cannot sustain this pace indefinitely, but it also doesn’t mean it will end in a crash-and-burn (or rather explosive) style that it did in 2008. Keep reading for a high-level overview of why the 2021 real estate boom is unique, and what we can expect as the tides inevitably turn.

Noteworthy Differences Between 2021 and 2008

Lower leverage and higher down payments – When the market corrected itself in 2008, overleveraged home buyers brought down the housing market, and some of that contagion spread throughout the rest of the property markets quickly causing a “wildfire” of sorts. As we now approach Q4 of 2021, the housing market is robust with buyers coming in with lower leverage than ever. Despite record-high housing prices, we’re also seeing a record-high percentage of house buyers bringing in 20% down payment or better. Meanwhile, 26% of all houses are sold to cash buyers. With so much money being printed by the Federal Reserve and still tight underwriting standards, only the most well-qualified house buyers are getting a chance to buy and even they are swamping the available inventory.

Slow and low construction – Housing construction levels remain well below that of the 2005–2007 period, which preceded the 2008–2010 correction. Part of that is due to wary housing builders who lived through the chaos of 2008. Another consideration is the disrupted supply chains due to COVID-19 deaths, illnesses, and lockdowns. Until we can fully resolve the prolonged impact of COVID-19 on a global basis, we can expect to deal with supply chain issues and higher prices from inadequate supply. And unfortunately, with the way that variants are arising from all the global hot spots, combined with anti-vaxxers, it’s going to be a long haul out of this storm.

Falling interest rates – Right now interest rates remain at record lows and falling. Interest rates will continue to fall during the current inflation spike and after; that’s how the mechanism of Federal Reserve money printing works. But it’s not advised to expect interest rates to climb just because rates are low today. Until the Federal Reserve changes its policy direction, there is no catalyst for higher interest rates, at least not yet.

Preparing for Impact: What kind of crash to expect?

Collectively, real estate professionals agree that a crash is on the horizon for office and retail real estate. Although “crash” may be too strong of a word – rather we should view it as a natural flow to the ebb we’ve experienced, and a course correction like what must occur after any major market shift.

Here are some important things that are boiling under the surface that will have an impact on the market sooner than later. Even with the general reopening of the U.S. economy, nationally office space demand is nowhere near what the still high asking prices for office buildings would imply. Furthermore, retail is getting crushed by online shopping, which reached escape velocity during the COVID-19 lockdowns. So, those two property segments have a lot of room to fall until property owners figure out how to adapt. The hard reality is that many commercial property owners may simply run out of cash before they can adapt and some of that price drop may spread to neighboring housing in 2022–2023.

Our current market is driven by supply and demand.  While no one can predict the future with 100% accuracy, I don’t think we are heading for a catastrophic “crash” per se. Rather, I see the housing market continuing strong for at least eight to ten months before we see a significant slowdown and evening out.

Key Takeaways

The bottom line is that there is a property market readjustment coming, but it’ll be quite different from what the United States experienced in 2008. Those circumstances were uniquely reckless and volatile. Though real estate will always be (not crazy about this wording), often at a rapid pace, the market right now is not a castle built on quicksand as it was 13 years ago. As a whole, the nation has learned from these mistakes and is not endorsing overleveraging of buyers. Additionally, construction has slowed for various reasons, most beyond our control, which has naturally put some “brakes” on the market.

The most important takeaway is for potential real estate buyers. As it stands, there is no general advantage to wait. As interest rates fall, housing becomes more affordable at ever-higher prices. If you are in the market for property right now, then buy right now. Simply put, the market will continue to shift and where some pros lessen, others will emerge in your favor. The best move is to hunt for opportunities overlooked by others, so you don’t end up in an impossible bidding war or jump into a property that really isn’t the right fit for you. Don’t get caught up in the manufactured chaos but remain steady in your thinking and purchasing. Most importantly, link arms with a trusted real estate professional who can help you navigate the choppy waters of the market – now and into the future.

What is your take on the current real estate market and the potential for a crash in the future? Do you agree with this prediction or have one of your own to share? Join the conversation by leaving a comment!

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Top 10 Issues Affecting Real Estate – Part I

Posted on August 23, 2021 by Mike Kushner in Blog, Commercial Real Estate, Local Market, Trends No Comments

We live in a rapidly changing world, and such changes impact every person, place, and industry either directly or indirectly. First, this was due to rapidly changing technology, which still has a profound impact on our daily lives. We live in a time where technology is changing more in a few months than it previously would in years or decades. This has led to great advancements, life-saving solutions, and modern conveniences, unlike anything the generations before us could imagine.

But in the shadows of the sudden onset of a global pandemic, some changes that have taken place recently were not so helpful or welcoming. Every business has felt the blow of COVID-19, and some did not survive the punch. For those who were able to adapt and survive, changes had to take place. Looking at commercial real estate, the most significant changes can be grouped into 10 core issues. Let’s take a look at the first five issues that have already and will continue to affect the real estate market for years to come.

#1 Remote and Flexible Work Environments

Over the summer, businesses began to return to in-person work environments, some partially and others fully. As of mid-June, it was estimated that 32% of United States businesses had reopened their physical office locations and employees were returning to (somewhat) normal work schedules. Nevertheless, commercial properties need to be prepared for lasting changes as the result, not only of this global pandemic but other factors that had been on the rise for quite some time.

Remote working, the acceleration of internet retail, and the demand for larger and more natural spaces and other pandemic-era behaviors have created the “perfect storm” to drive significant change in remote work and mobility in commercial real estate. One of the greatest lessons learned during COVID is the escalating demand for more flexible, easily adaptable, and sharable spaces and CRE professionals need to be prepared to make their spaces more conducive in order to meet these demands and remain competitive.

#2 Technology Acceleration and Innovation

Technology continues to hold its place high on this top 10 list, but this year for a slightly different reason. In the wake of COVID-19, more people than ever before had to rapidly adapt and accept technology (particularly those who allowed for remote interactions with the world) as a way of life. The question before us now is what new habits have formed as such, and how many people will revert to “old tech” ways of doing things. Our prediction is that a lot of the new technology people had been trained to use over the last 18 months will “stick” and as a result, there is a higher comfort level – especially among older generations – with using remote technologies to live, work, and entertain.

For commercial real estate, the biggest impact can be seen in cybersecurity, supply chain logistics, and price instability. None of these are new concepts, but in a span of months if not weeks in some cases, the world saw high profile hacks, shortages of resources like microchips, lumber and labor, and rising prices across the board. The accelerated upgrade of connectivity, security, and hosted processes mean utilization is being maximized and any place is now a potential workplace. This creates new pools of vacancy and pools of availability enabled by technology.

#3 Environmental, Social, and Governance Initiatives

Environmental, Social, and Governance (ESG) programs in real estate continue to be one of the best ways to reduce carbon emissions, accrete value, and demonstrate reputational value in the market. This was greatly accelerated during the onset of COVID-19. At the same time, workforce development, Diversity, Equity, and Inclusion initiatives, and recognition of the importance of health and wellness in commercial real estate are setting new expectations for building operations and how to engage stakeholders and the communities in which real estate owners and users invest.

The expertise, creativity, and innovation that the real estate (and finance) industry is well known for are highly valuable for assessing and mitigating risk and creating value for investors, occupants, and the capital markets that serve them. The biggest shift to note for this trend is an increased value that real estate professionals can bring to other markets that are creating and implementing ESG programs in an effort to be socially responsible and attract top talent.

#4 Logistics

Simply put, logistics is what makes our economy “work.” It’s at the epicenter of every product-based service and that has never felt more evident than during COVID-19 when so many goods were delayed across the globe, and even domestically. The supply-chain funnel is still recovering as we continue to experience shortages and delays. Logistics post-COVID-19 will disrupt commercial real estate models for years to come. We can expect disruption in commercial real estate capital allocation, with more funding to industrial property and less to retail. There will also be less dependency on physical stores and more on modern eCommerce warehouses that will be increasingly automated with less reliance on labor. The biggest takeaway for commercial real estate professionals is to keep a keen eye on the changing logistical strategies and solutions of the economy. As these cause shifts in the market, the demand for CRE will also shift. Where one sector will turn down, another will rise. We can expect the waves of change to continue to roll in, impacting real estate for years to come in big and permanent ways.

#5 Infrastructure: New Imperatives Emerge

Similar to issue #4, it takes infrastructure to support logistics. The government has turned a keen eye to allocating funding and initiatives to support improved roads, bridges, airports, ports, mass transit, and other traditional infrastructure needs. With billions of dollars in proposed funding, many new imperatives to improve our nation’s infrastructure have emerged. This includes the expansion of broadband, last-mile deliveries to homes and businesses, automation and optimization of systems, and an increased focus on renewables. This is a huge issue to tackle and it seems we’re falling behind the clock with every passing second.

To put this issue into perspective, the American Society of Civil Engineers gives U.S. infrastructure a score of C-, classifying it as “poor” and “at risk,” while the World Economic Forum’s Global Competitiveness Report ranks the U.S. 13th in the world. If the American economy is to remain top tier, we need to invest aggressively and strategically in the future of our infrastructure to keep up with the competition and demand. The funding coming in from Capitol Hill attempts to do this, but the question remains whether it will come quickly enough. Change and improvements take time, even more so when we’re talking about major infrastructure improvements. The United States is racing the rapid advancements of technology and the mindset of an “I want it now” world.

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Among these top 5 issues, which one do you believe will last the longest or have the greatest impact? Start a conversation by leaving a comment below!

And stay tuned for Part II of this topic where we dive deeper into issues #6-10!

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Commercial Real Estate’s Impact on Last Mile Logistics

Posted on July 15, 2021 by Mike Kushner in Blog, Commercial Real Estate, Industrial, Retail No Comments

Logistics is the relay race that materials and goods compete in every day moving across land, sea, and air cargo to the end-user, and commercial real estate is the field on which it all plays out.

The ability for the items we need to make it from the place in which they are created to where the end-user can access them is essential to our existence. When logistics are inefficient or disrupted on even the smallest scale, it takes virtually no time until the world feels the impact of delayed goods. At a minimum, it’s an inconvenience, but it can quickly escalate into a global panic where progress is delayed and prices skyrocket.

We need no better example as to how this plays out in real life than to look at the impact of COVID-19 on the world’s shipping and distribution, specifically here in the United States. The challenges we continue to face with shipping and receiving items overseas, combined with unprecedented labor shortages have caused scarcity, unlike anything our modern world is used to. And the ripples caused by this disruption left virtually no industry unscathed.

This also shines a spotlight on the importance of last mile logistics, which is the final step of the delivery process from a distribution center or facility to the end-user. Many items delayed by COVID-19 were within miles of reach, but without labor and infrastructure to deliver these items within their usual time frame, basic building materials and household items couldn’t be restocked fast enough to keep shelves full.

Shifting the Modern Logistics Model

How does this relate to commercial real estate? Redundancy and the ability to process disruption are two key elements required to support the fast-moving, high-volume requirements of modern-day logistics. And that is particularly true of the “shop-online-and-deliver-to-me” era in which we find ourselves.

Based upon the challenging lessons learned from the global pandemic, logistics are shifting toward a new model that replaces the decades-old “just-in-time” supply-chain model rooted in tens of thousands of physical retail stores in order to meet the demands of a “shop and take home” economy. Therefore, we should expect to see a disruption in commercial real estate demand and use.  There will be less dependency on physical stores and more on modern eCommerce warehouses that will be increasingly automated with less reliance on labor.

The Golden Triangle

We can then expect the rapid continuation of traditional retail big-box stores being replaced by hundreds of millions of square feet of eCommerce warehouses in an effort to follow the modern logistics infrastructure. These new eCommerce warehouse locations are being developed in what some economists have coined as the “Golden Triangle.” The Golden Triangle refers to an area of the East Midlands that has become renowned for its high density of distribution facilities and being home to some of the biggest names in retail.

The Golden Triangle is the epicenter of last mile logistics. This area that makes up the nation’s logistics infrastructure has never been more vital in a post-WWII era, and this includes a dependency on commercial real estate. As thousands of retail stores shutter their brick and mortar locations in the coming months, the demand for commercial real estate space shifts from retail to industrial with thousands of new logistics and eCommerce fulfillment warehouses opening and expanding within the Golden Triangle.

Impact of Current Events

These trends in commercial real estate and logistics will be further exacerbated by current events such as Biden’s plan for a “go-broad” infrastructure bill. This plan proposes a massive $2.25 trillion to fix America’s rundown infrastructure, “green up” the economy and invest in new technologies. Furthermore, there is the pending mega rail merger between Kansas City Southern and Canadian National that will create the first true Class 1 railroad in North America extending from the deep interior of Canada, down through the center of the United States, and on south to the most vital ports and manufacturing regions in Mexico.

And if that wasn’t enough to ensure massive changes coming down the line that will impact commercial real estate and logistics, there is also the industrial REIT merger between Monmouth MREIC and Sam Zell’s EQC in which he is trading in his office commercial real estate model for a new hybrid-powered industrial real estate model that is going all-in on logistics.

What we’re witnessing is a shattered economy that is rapidly adjusting in order to right the many ships that have veered off course in the wake of the pandemic. While there are many unknowns, what we can be sure to expect is widespread, lasting changes sweeping the commercial real estate market – some we’ve seen coming for quite a while, and others that will completely take us by storm.

[Online Resources] Real Estate, agent, broker, buyer, cargo, commerce, Commercial Real Estate, CRE, distribution, ecommerce, Economy, goods, industrial, landlord, last mile, lease, materials, Mike Kushner, office, Omni, pennsylvania, representative, retail, sale, shipment, shipping, tenant, trends, united states, warehouse, warehousing

COVID-19 and Commercial Real Estate: Why Tenant Reps Are More Valuable than Ever

Posted on October 1, 2020 by Mike Kushner in Blog, Office Leasing, Tenant Representative/Buyer Agent No Comments

Now more than ever, if you are looking to lease commercial real estate, you need a tenant rep on your side. All of the services they provide, which include negotiations, market expertise, coordination, and strategic advice, have not changed. However, given the complexity of the during- and post-COVID economy and all of the changes that keep coming, such services have become more valuable than ever. Here are six reasons why working with a commercial real estate professional who exclusively represents is more important now than ever before.

  1. Your use of space has changed.

This spring, when basically all non-essentially businesses were forced to temporarily close or work remotely, how people used commercial spaces changed drastically. Even after people were able to slowly get back to business and reopen, there was a drastic shift in how much space was needed to accommodate needs. Some businesses decided to remain virtual and thus needed to get out of their commercial space entirely. Others needed more space or reconfiguration of space to accommodate for social distancing. Others still had to consider how they would replace communal spaces like conference rooms and kitchens.

Having a tenant rep on your side to help navigate all these changes is a huge benefit. First, they can help with lease negotiations if you need to break or change the terms of your lease. Next, they can also help you secure more or different space, if needed. Doing this on your own is a big undertaking and you don’t know what you don’t know. That’s where a tenant rep can step in to take this off your plate so you can focus on running your business.

  1. And the market has changed.

COVID turned everything on its head, which includes the commercial real estate market. It’s a new world out there, and the person who can best help you understand the changes and how they could be used to your benefit is a commercial tenant rep. It’s their job to monitor the market and help their clients adjust accordingly. With a tenant rep to guide you, the many unknowns of this market can start to make a little more sense.

  1. Getting to know a new market is challenging.

If your business needed to find a new space during the pandemic, particularly in a different city, this is where a tenant rep can really help you out. With travel restricted in so many ways, it’s virtually impossible to get to know a new market without living there or having visited it. It’s like real estate shopping with a blindfold. But when you can call upon a tenant rep who lives in your new desired market, you will benefit from all of their knowledge and expertise about that market. They can help you identify the right options for your commercial space, allow you to virtually tour it, and work on your behalf to negotiate a favorable lease.

  1. Not everything is represented online.

Another important consideration is what you see online isn’t the full picture. Many commercial properties cannot be found through an online listing. And with so many places to look, how can you be sure you didn’t overlook something. A tenant rep who knows the market knows what spaces are available, even if they’re newly listed and not represented online. They may even know of space that will soon be opening up and is not publicly known. All of this will work to your advantage to help you see your blind spots, and without having to take on the headache of this alone.

  1. Negotiation is at an all-time high.

Thanks to COVID, nothing is immune to change. This includes lease agreements. Many, many negotiations are taking place between tenants and landlords to adjust lease agreements because of the sudden change in how tenants are using (or not using) their space. A tenant rep is skilled in such negotiations and can step in on your behalf to arrive at a reasonable and favorable outcome for your lease agreement with the landlord. It also helps that they know the market and what other commercial spaces are charging per square foot and any COVID clauses that might exist.

  1. You need to protect yourself in lease agreements.

And finally, a tenant rep will be sure you are protected in your lease agreement for any future changes that might take place with your business. For example, does it make more sense for you to have a long-term or short-term contract? What should happen is you need to break the lease agreement? And what options are available to you should you need more or different space from the landlord? All of these unknowns should be addressed before you put your signature on anything and a tenant rep will be sure that all ground is covered.

Have you previously worked with a tenant rep to lease or purchase commercial real estate? If you have, what has been your experience? Do you agree that the role they play is more valuable than ever? Join the conversation by leaving a comment below.

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How Commercial Tenants Can Negotiate Rent Relief During COVID-19

Posted on June 18, 2020 by Mike Kushner in Blog, Commercial Real Estate, Local Market, Tenant Representative/Buyer Agent No Comments

 

Our world remains in a global pandemic and there is a long road to economic recovery. Seemingly overnight, our ways of working, living and playing drastically changed, and we were forced to sustain these changes for weeks and months on end. As a result, businesses closed their doors to the public, some temporarily and some permanently. This has led to the sudden need for these businesses to shed, or at least reduce, their commercial real estate overhead.

Think of it this way. When a business agrees to a rent amount, it does so with the expectation that it will have a certain level of income. All those expectations were upended with COVID-19, as many businesses have been forced to fully close for months or significantly reduce their use of their commercial space. Even though offices, restaurants, and stores are starting to reopen, their capacity for employees and customers — and, therefore, for revenue —remain diminished, making rent renegotiation necessary for staying afloat.

It’s important for commercial tenants who have lost the use of their spaces as a result COVID-19 to understand what options might exist for them to favorably negotiate some form of rent relief from their landlords. Take a look as we examine the key steps any commercial tenant or business owner should take when venturing down the path of lease negotiation.

Know the terms of your current lease.

Start with closely reviewing your current lease. What are the terms, conditions, and pricing you originally agreed to? What does it say about lease negotiations or early termination? Does it give conditions for if and when this would be considered? In order for your lease negotiation to be most effective, you must come armed with all the information related to your lease, and your leasing experience. Upon reviewing your lease, make note of the most important details and write or type those out on paper so that you can have it with you during your conversation. This will help to keep these details top of mind and easily accessible.

Seek representation and advice.

One of the most important things you can do is seek the representation and advice of a commercial tenant representative. This person is different than a real estate agent in that they exclusive represent the rights and interests of commercial tenants, not landlords. A tenant representative, like Omni Realty Group, would help review your current lease, advise you of your best plan for negotiating more favorable lease terms or even an early termination, and represent you at the meeting with your landlord. This not only provides peace of mind, but it gives you the best potential for a favorable outcome.

Be direct and professional with your request.

Schedule a meeting with your landlord and be direct that it’s to discuss your current lease terms. In your meeting, be clear and professional with your communication. Present your plan for new lease terms or early termination just like you would present a product or service to a client or customer. You want to sell your landlord on your plan; therefore, you need to make it clear why he or she should “buy” it.

Back your position with facts and data.

You can expect that your landlord will have questions and rebuttal. Why should he or she grant you new lease terms that are likely more favorable to you than they are to the landlord? Come armed with facts and data that support your plan. And also speak from a point of reason. Explain how your business was impacted by COVID-19. What were your losses or layoffs? How long were your doors closed to customers? And also look to other cities or states where possibly new laws are coming into place to offer rent relief for commercial real estate. This is taking place in California where a new bill, if it becomes law, allows businesses, particularly bars and restaurants, to terminate their lease agreements. While this may not be a law in your state, it’s worth discussing with your landlord how other places are approaching this difficult topic for perspective.

Finally, it’s worthwhile to research and consider how certain lease clauses could play in your favor and back up your position. Force majeure is a common clause in contracts that essentially frees both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties, like COVID-19, takes place. There is also the frustration of purpose doctrine, which comes into play when an unforeseen event undermines a party’s principal purpose for entering into a contract, such as how COVID-19 left many businesses without the need or ability to use their commercial space. And these are just a few examples. Upon more research and seeking legal counsel, there may be additional clauses and doctrines that could protect you in this situation.

Present the benefits of both parties.

Sure, the benefit to your business is clear. Shortening your lease terms or negotiating lower rent for less space will help your business stay afloat financially and shed overhead that is no longer needed as a result of COVID-19. Be sure to also make it clear what could be in the deal for your landlord. Could you recommend a new tenant, such as another business you know? Could you negotiate taking less space rather than leaving the building completely? Or could you reduce the length of your lease, but not terminate it immediately? Another option, if it’s of value to your landlord, is leaving behind desks, chairs, and other office furniture so that the space can be offered as fully furnished to new tenants.

Prioritize what’s most important, and be flexible with the rest.

Go into your discussion with your landlord knowing what you absolutely must accomplish in order for your lease to be sustainable for your business. Maybe this must be lower rent costs, or maybe you need to downsize your space. Try to pick your one most important thing, and then be prepared to make some concessions in other areas. If your landlord is willing to terminate your lease early, he or she may ask to keep your security deposit, or charge for one more month of rent. Or maybe they’re willing to let you downsize your space, but they need you to move to a different floor or location because it makes it more feasible for them to rent out other space. Be willing to listen and to negotiate.

Remember that you have options and support.

Omni Realty Group is working hard to address the ever-changing needs of businesses that have been impacted by COVID-19 and now need to rethink their commercial real estate leases. We want to help be a part of the solution. With the right strategy and presentation of your proposed changes to your lease, it’s reasonable and possible to find a favorable outcome with your landlord. Keep in mind that landlords have also been impacted by COVID-19 in ways you might not imagine. The right tenant representative can help guide you through the complexities of negotiating rent relief, share the most current updates on how they and/or others are addressing similar challenges, and provide the necessary thought leadership to help you make informed decisions.

Has COVID-19 impacted your business’s need for and use of its commercial real estate space? Are you considering asking for new lease terms as a result? If you have a question or need assistance, don’t hesitate to contact Omni Realty Group, Central Pennsylvania’s exclusive commercial tenant representative today.

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As Your Needs for Office Space Change, Understand the Role of a Tenant Representative

Posted on April 7, 2020 by Mike Kushner in Blog, Commercial Real Estate, Tenant Representative/Buyer Agent No Comments

The outbreak of COVID-19 hitting the United States has brought with it a tidal wave of challenges and uncertainties. This has been a wakeup call for so many businesses and individuals who must now struggle to adjust. Particularly for business owners who either own or lease commercial real estate such as a retail location, industrial space, or offices, the order to work from home and stay at home has drastically changed their need for brick and mortar space.

Whether it’s right now or once COVID-19 has passed, it’s highly likely that businesses in Pennsylvania and across our nation will have a drastic shift in their commercial real estate needs. In such times, business owners should be reminded that having a tenant representative on your side to represent you and negotiate for you as you reduce the amount of space you currently occupy, move to new office space, or change the terms of your lease is highly beneficial.

In an effort to help business owners understand how a tenant representative can be a benefit to them, and how this relationship works, we want to help answer some of the most common questions surrounding a tenant representative’s role. This first of which is “How do tenant representatives get paid?” Too often, the answer is confused with or lumped into the same category as how listing agents, who represent the landlord or seller, are compensated. But this is not necessarily the case.

What’s important to note is that exclusive tenant representatives, also called buyer’s agents, are unique in that they exclusively represent those looking to rent or buy commercial real estate. They never represent the landlord or seller, and for good reason. As you can imagine, that creates a conflict of interest which you can read more about here.

To answer the question regarding how a tenant representative/buyer agent is paid, here is a breakdown of important points to provide a clear explanation.

Typical Commission

The amount a commercial real estate agent receives on a commission is calculated as a percentage of the total commercial property sale price or lease value.  The percentages are negotiated in the listing agreement.  It’s important to note that it is illegal due to anti-trust laws to set a market or industry-wide standard for commission percentages, but on average most commissions range from 4% to 8%.

The variance in commission rates is due to a number of factors. In areas that have a surplus of office space, brokers may receive higher commission to entice tenants to particular properties. Brokers may also get varying commissions for office, retail and industrial spaces.

Co-Broke Commission – No Cost to the Tenant or Buyer

While tenant representatives/buyer agents provide their clients with incredible benefits, it’s important to note that the tenant/buyer is not responsible for a tenant representative’s/buyer agent’s fees. Properties for sale or lease that are listed with a broker specify a commission to be paid to the listing broker and shared with the broker representing the buyer/tenant. Landlords are the ones responsible for paying the fees. Most landlords have budgeted for the payment of commissions.

Although tenant reps/buyer agents are incredibly helpful for tenants/buyers looking for commercial real estate, their services also benefit landlords or their listing agent, as they help fill vacancies. Because tenant representatives/buyer agents allow listing agents to quickly turn over empty space, they are often willing to pay for their services. As a result, a buyer/renter can usually enjoy the services of a tenant representative without having to pay anything.

One caveat is that in very rare circumstances, landlords or listing agents may refuse to pay the tenant representative’s fees. Normally, this only happens when the tenant representative was not engaged from the very beginning of the tenant or buyer looking for space which can muddy the waters. This makes it all the more important to begin any commercial real estate search with a tenant representative on your team.

Advantages of Working with a Tenant Representative

If a real estate broker representing the landlord/seller encourages you to do a direct deal without a involving a tenant representative/buyer agent, proceed with extreme caution. The landlord’s/seller’s broker will likely tell you that you will save money by eliminating the tenant representative’s/buyer agent’s fees, but the truth is that the landlord/seller is likely to pay the same amount to their own representative even if you forgo a tenant rep/buyer agent. Plus, not having an agent to advocate for you during the negotiation process could mean ending up with a higher rent rate and less than favorable lease terms.

It’s important to have the knowledge and expertise of a tenant representative/buyer agent to guide you through the leasing/buying process and represent your best interests. A tenant representative/buyer agent can also make your property search less time consuming by showing you only properties that they know fit your criteria. Think of them as your tenant/buyer “concierge.”

Despite the fact that the landlord is responsible for paying the tenant rep/buyer agent, you should rest assured that the tenant representative/buyer agent is working for your best interests. This is because they don’t get paid until you find a great deal!

Has the impact of COVID-19 caused you to rethink the use of your commercial real estate spaces? If you need to downsize or renegotiate the terms of your lease, keep in mind how a tenant representative can be an advocate for your best interests.

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The Red Flags of an Unfavorable Commercial Real Estate Lease

Posted on September 9, 2019 by Mike Kushner in Blog, Commercial Real Estate, Tenant Representative/Buyer Agent No Comments

As a tenant needing commercial real estate space to run your business, it can be challenging to navigate the many twists and turns of finding the right space and entering into a favorable lease agreement. Your lease with your landlord can have a large impact on the success of your business, or it could cause many headaches. To ensure you’re entering into a fair and favorable agreement, let’s look at some of the most common red flags that can pop up in a commercial real estate lease.

Term of Lease – One of the most important pieces in a commercial real estate lease, short of the price, is the duration of the lease and how it’s structured. You want to be sure you fully understand when your lease begins and when it ends, especially when the landlord is making improvements to the space.  A landlord may provide more favorable pricing or terms when entering into a lease that has a longer duration. While this is helpful from a budget perspective, be sure you feel confident that you will want to stay in this space for that amount of time.

Lease Renewal – Another possible red flag in a commercial real estate lease is when and how the lease will renew. When your current lease comes to an end, a landlord may desire the lease to auto-renew. As a tenant, you will want to be aware of this well in advance so that if you do not want to renew your lease you have options to exit the lease. Additionally, look to see if the lease specifies a change in price upon renewal. Sometimes there will be an increase that could hit you unexpectedly.

Lease Termination – Next, be sure you know the terms and penalties for breaking a lease. While it may not be your intentions to break the lease early, various factors impacting your need for the space could make it necessary. If the Lease imposes a steep monetary penalty for breaking the lease early, you may wish to negotiate that down to more favorable (and reasonable) terms.

Environmental Considerations – Some commercial real estate leases may specify that a tenant may not store any hazardous materials on the premises. This is not typically an issue; however, you will want to be sure that included in the lease is a warranty from the landlord that the premises are free of such hazardous materials. In a situation where you plan to use the commercial space (such as a warehouse) for storage of consumables (i.e., food and drinks), you may want assurance that your inventory is not likely to be contaminated.

Insurance – Be sure to check the required minimum coverages for a tenant’s liability insurance. Typical coverage minimums are $1 million per occurrence and $3 million in the aggregate. If the lease specifies higher minimums at a price that is concerning, you will want to make this part of your negotiations before signing the lease.

Maintenance – A commercial real estate lease should outline who is responsible for the repairs and maintenance of all building systems, including HVAC, electrical and plumbing. Should the lease place the responsibility on the tenant, you may wish to renegotiate this. In a situation where the tenant is only leasing a small percentage of the overall building space, it’s unusual for the tenant to assume the costs of repair and maintenance for things that impact more than their rented space.

Defaulting – Closely review the language in the lease regarding missed or delayed rent payments. It is reasonable to request at least one written notice during any 12-month period (to account for a reasonable mistake), as well as a 5-day grace period for rent payments.

Relocation – Some commercial real estate leases may include a section about relocation. Does this grant the landlord the right to relocate the tenant? Under what terms? Pay attention to this piece as it could greatly inconvenience you, if it ever takes place.

While this is by no means an exhaustive list of red flags of which you must be aware when entering a commercial real estate lease, this should provide a great starting point. What’s most important is to review every document closely, ask for clarification, and seek professional tenant representation early in the process. Having an exclusive tenant representative on your side will provide an added layer of knowledge, experience, and protection that will put you in the best position to negotiate a fair and favorable lease.

Do you have a question related to your commercial real estate lease? Reach out to Omni Realty today so we can help you find an answer!

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Power Landlords Part II: Who Owns the Most Industrial Space in Central PA?

Posted on July 8, 2019 by Mike Kushner in Blog, Industrial, Local Market No Comments

You might think that Central Pennsylvania is defined by its natural resources or agriculture, or maybe you don’t think we’re known for much of anything. The truth is that there is a lot this region brings to the economy with our industrial market being one of the country’s top core industrial markets.

If this surprises you, consider the following. This particular region is well positioned along the nationally-recognized I-81 transportation corridor with immediate connections to I-78, I-76, I-83 and I-80, as well as immediate access to major deep-water ports at New York/New Jersey, Philadelphia and Baltimore. With our ability to provide manufacturers and distributors access to nearly 70% of the total consumer markets in North America within one day’s drive, the region has benefitted from significant demand, especially most recently with the emergence of the e-commerce which promises customers even faster ship times.

Additionally, nearly 8 million square feet of new Class A regional and super regional distribution facilities are under construction. Even with this much new space entering the market, vacancy rates remain right around 5% which is well below the historical market standard of 7%. Combine all of this with a backlog of millions of square feet of new tenant requirements in the market, and you can see why Central PA’s industrial real estate market is ripe for opportunity among investors and landlords.

So, who owns the most industrial space in the market? The combined square footage of the top 5 landlords in Central PA is 32,820,237 square-feet of space. Moreover, the combined vacant square-footage for all of this space is just 2,448,898 square-feet or 7%. So, who are these power landlords and what buildings account for most of this space? Let’s take a deeper dive.

  1. Prologis Inc.

It should come at no surprise that Prologis Inc. tops this list with its portfolio of 22 industrial buildings. Combined, this accounts for 11,242,938 square-feet of real estate. The largest building, which is Key Logistics Park located at 950 Centerville Road in Newville, is home to 1,170,000 square-feet of industrial space.

  1. Global Logistics Properties, Ltd. (GIC Real Estate)

Next on the list is Global Logistics Properties, Ltd. with 19 buildings and 7,075,922 square-feet of real estate. The largest of these buildings is Lemoyne Industrial Park located at 221. S. 10th Street in Lemoyne which is 885,802 square-feet of industrial space.

  1. Clarion Partners

With 10 buildings totaling 5,676,191 square-feet, Clarion Partners ranks number three on our list of “Power Landlords” in Central PA. Their largest building, located at 1 True Temper Drive in Carlisle, is 1,226,525 square-feet in size.

  1. First Industrial Realty Trust, Inc.

At number four we have First Industrial Realty Trust, Inc. Their portfolio of 15 buildings accounts for 4,804,210 square-feet of industrial real estate. The largest building, 1,100,000 square-feet in size, is located at 5197 Commerce Drive in York.

  1. Liberty Property Trust

Coming in at number five on the list is Liberty Property Trust with 7 buildings totaling 4,020,976 square-feet of industrial space in the Central PA region. Their largest building, which is the Carlisle Distribution Center located at 40 Logistics Drive in Carlisle, is 972,000 square-feet.

It can be hard to wrap your head around these numbers and the amount of industrial space that is located right here in Central PA. Often, these are huge buildings we drive by daily but fail to notice unless we pay attention. The products that are made in and shipped from these facilities impact the global economy and provide us with every item imaginable, from basic essentials to toys and tools to match a wide variety of hobbies. So the next time you drive by the Key Logistics Park in Newville or the Carlisle Distribution Center, you now have a little more intel into who the power landlords are behind these massive facilities.

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Power Landlords: Who Owns the Most Office Space in Central PA?

Posted on May 30, 2019 by Mike Kushner in Blog, Commercial Real Estate, Local Market No Comments

These are buildings that you have likely passed countless times. Whether you live in Central Pennsylvania, or any other part of the world, real estate is all around us. Have you ever stopped to wonder who owns a particular piece of real estate? Maybe it’s the not the first question you’re asking on your morning commute, or when out running an errand, but the answer to this question may fascinate you.

Particularly the commercial real estate industry holds a lot of potential to impact economic development in a region. For entities who have made it a business to accrue large amounts of commercial real estate, they provide us with valuable insight into to the state of the economy, based upon their decision to buy or sell/lease space and at what price point. Knowing who the big players are can help keep us apprised of changes in the market that will ultimately trickle down to impact businesses far and wide.

So who are these businesses and how much property do they own? Among private, for-profit entities located in Central Pennsylvania, these are the top five “power landlords” who own the most office space in the region.

  1. Linlo Properties

According to a CoStar Group analysis on April 5, Linlo Properties owns 745,349 square feet of space in Central Pennsylvania. Linlo’s assets include the AT&T Building, an 87,718 square-foot building at 2550 Interstate Drive; 4250 Crums Mill Road, a 75,000 square-foot building; Vista Plaza, a 71,800 square-foot building at 1215 Manor Drive; and Hillside Corporate Center, a 68,525 square-foot building located at 5001 Louise Drive.

  1. Healthcare Trust, Inc.

Healthcare Trust, Inc., a non-traded traded real estate investment trust that focuses primarily on healthcare related assets, comes in second, per CoStar data, with all its 638,516 square feet purchased from UPMC Pinnacle (formerly Pinnacle Health) in 2014. The Landis Building, located at 2501 North Third Street (formerly part of Polyclinic Hospital) is its largest holding at 314,790 square feet.

  1. High Associates

High Associates is the third-biggest property owner in the region with 561,276 square feet of commercial real estate. All their properties are in Lancaster County except 5000 Ritter Road, Mechanicsburg. 1853 William Penn Way, their largest holding, which is 82,331 square feet of space, is occupied by the High Companies.

  1. Select Capital Commercial Properties

Fourth is Select Capital Commercial Properties with 544,599 square feet of commercial real estate. Select Capital’s holdings include 225 Grandview Avenue (the former HP/EDS building) with 214,150 square feet; 300 North Second Street (Commerce Towers) with 72,000 square feet; and 425 N. 21st Street (Plaza 21) with 62,304 square feet.

  1. Hoffer Properties

Hoffer Properties ranks fifth with 531,741 square feet of space. Hoffer’s assets include 100 Sterling Parkway (the former PHICO building), a 220,000 square-foot building and 300 Sterling Parkway, the 129,000 square foot building built in 2016 for Deloitte.

These power landlords of Central PA hold a significant amount of commercial real estate assets. How they choose to use and further develop this space has the potential to shape the economy, locally and beyond, by attracting new businesses which brings new jobs. With the backing of these large entities who are continually investing in and improving commercial real estate, every business in the region benefits from the ripple of this economic impact.

It’s important to note that this list is limited to private, for-profit entities located in Central PA. Hbg. Realty Inc. (Harristown Development Corp.), PA Economic Development Agency, The Commonwealth of Pennsylvania, and Highmark, Inc. all rank higher than the top five on this list.

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