Inherited 35k sqft single tenant retail/warehouse building, lease term ending soon

Inherited 35k sqft single tenant retail/warehouse building, lease term ending soon

Member since 2023 · 1 post · 0 votes

Hello, and thanks for taking the time to read and hopefully answer my questions. 

As per the title, the building I inherited is a ~35000 square foot retail/warehouse building with railroad access on a major highway in northeast Pennsylvania. There is currently a tenant there on a 50 year ground lease that is up next year. The catch is, they have the option to renew for another 50 years at the current lease terms, which barely covers the property taxes on the land. 

My attorney has already contacted them letting them know we are not interested in extending the lease at those terms. It is clear in the lease that all they have to do is notify me in writing that they are going to extend. My attorney, however, tells me that if we are going to have to go to litigation over it, that we would absolutely come out on top. Especially because at the end of the first term the building and infrastructure becomes property of the landlord. This is something I would like to avoid if possible due to the up front cost of going to litigation. So, I have been tasked with coming up with a "fair" number per square foot to give them on a newly drafted lease.

Would it be worth the cost of a Crexi or Costar subscription to pull up comparable properties for lease? Is there a better way of coming up with a reasonable number? 

The tenant is a privately owned company. I have looked through their top public competitors' SEC filings and 10-K forms. On average they are paying $8 - $20 per sqft for their leased properties. That is all over the US though, it is near impossible to find what they are paying regionally. I have been told that the rail connection would be a "multiplier" to the cost per sqft. 

I do not expect to get "market rate" out of them, but I need to come up with something that is fair to me as the landlord. I could really use some advice on this, as I've kind of hit a brick wall on my own. 

What would some of you do in this situation? Does litigation sound like a good idea if necessary? Should I try to find a way to kick them out and find a new tenant at market rate? Am I just screwed for the next 50 years? I'd really appreciate any input on this. Thanks again for reading.

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  • Ronald RohdePro Member
    Attorney · Dallas, TX · Member since 2016 · 5k+ posts · 2k+ votes
    3y

    Your best bet is to hire a leasing broker. Agreed that rail is worth more, but I think you're not in a good position if they have a renewal right

  • Kristi KandelPro Member
    Developer · Fort Myers Beach, FL · Member since 2018 · 383 posts · 195 votes
    3y
    Quote from @Anthony Mancia:

    Hello, and thanks for taking the time to read and hopefully answer my questions. 

    As per the title, the building I inherited is a ~35000 square foot retail/warehouse building with railroad access on a major highway in northeast Pennsylvania. There is currently a tenant there on a 50 year ground lease that is up next year. The catch is, they have the option to renew for another 50 years at the current lease terms, which barely covers the property taxes on the land. 

    My attorney has already contacted them letting them know we are not interested in extending the lease at those terms. It is clear in the lease that all they have to do is notify me in writing that they are going to extend. My attorney, however, tells me that if we are going to have to go to litigation over it, that we would absolutely come out on top. Especially because at the end of the first term the building and infrastructure becomes property of the landlord. This is something I would like to avoid if possible due to the up front cost of going to litigation. So, I have been tasked with coming up with a "fair" number per square foot to give them on a newly drafted lease.

    Would it be worth the cost of a Crexi or Costar subscription to pull up comparable properties for lease? Is there a better way of coming up with a reasonable number? 

    The tenant is a privately owned company. I have looked through their top public competitors' SEC filings and 10-K forms. On average they are paying $8 - $20 per sqft for their leased properties. That is all over the US though, it is near impossible to find what they are paying regionally. I have been told that the rail connection would be a "multiplier" to the cost per sqft. 

    I do not expect to get "market rate" out of them, but I need to come up with something that is fair to me as the landlord. I could really use some advice on this, as I've kind of hit a brick wall on my own. 

    What would some of you do in this situation? Does litigation sound like a good idea if necessary? Should I try to find a way to kick them out and find a new tenant at market rate? Am I just screwed for the next 50 years? I'd really appreciate any input on this. Thanks again for reading.


     I'd get a second opinion from another RE attorney versed in leases. You absolutely want to avoid litigation if at all possible. You also don't want to be stuck breaking even / losing money in the future. It's a little crazy to think the ground lease didn't include clauses surrounding that... 

    That being said, the reason I'd suggest a 2nd opinion is for more than reviewing the existing lease. You want to talk to likely a couple professionals as they all have different experiences and exposure and someone might have had a similar experience in the past. 

    Separately, yes talk to local brokers in this field. See if they know this Tenant, see what is reasonable in this market for their use and the length of the lease. 

    I'd also consider (after talking to the broker and 2nd opinion by an attorney) talking to the Tenant themselves. There are likely ways that you can restructure the deal as a win win. If you truly own the infrastructure that in itself is a negotiation piece to restructuring the deal. 

    Basically, get creative, talk to MANY experts in that market and industry and get everyone thinking creatively. Don't just settle for the easy answer that is an uphill battle. 

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