Half the places with this type of business model go bankrupt with each recession. 

The tenant attorney and tenant rep broker of course will try to do the opposite of what the landlord wants in ultimate guaranty security of lease, annual rental increases, and long term primary lease term.If you left it up to a tenant they would try 3 year primary lease, blocked rent increases so not annual, sales clause if not at certain level they can terminate or reduce rent, co-tenant anchor clauses, crazy broad restrictive uses for other units in the center, no personal guarantee, no disclosure of personal or business financials per the lease, set up a single entity remote LLC so they can bankrupt it for one location if things go bad, put a ROFR clause in the lease, incapacity clause where if tenant gets sick or hurt they can cancel lease, construction road widening clause where tenant can pay reduced rent while access is reduced to the center, unreasonable CAM cap clauses, etc.I can go on and on with the crap I have seen in leases for my clients buying retail centers where I am the broker.

I don't mind a reasonable penalty just not one that is going to bankrupt me. :-)If I had signed the tenant to a month to month lease, I would have no problem forcing them out right now to get into compliance.

Then of course many of the RR companies went bankrupt, or were bought by larger RR companies and no longer exist.One of my favorite stories is about a property that two attorneys said, "There's Nothing that can be done with this property." 

It is how so many went bankrupt last down turn in the market.

My second deal was buying the remaining lots (8) in my 11 lot subdivision that went bankrupt.

They can easily remote bankrupt it.

This is why California is bankrupt now and why the state continues to lose population.How about this solution?

Are they in fact bankrupt?

Many an investor has gone bankrupt for failing to do exactly that.