No one who works for the Memphis Restaurant Association is a commercial real estate agent or attorney. Please use this information at your own risk and/or consult a professional. Our recommendations are below.
We highly recommend professionally, diplomatically having a discussion with your landlord and keeping a level head. And we recommend having this discussion sooner rather than later. The earlier you start this discussion, the better.
For real estate help, reach out to Shawn Massey with TSCG at 901-461-7070.
If you’re looking for an attorney, please reach out to
Fisher Phillips, Evans Petree, or Waller. (All MRA members.)
This Daily Memphian article gives some more information and examples.
This is a great Memphis Business Journal article with more recommendations. (link here. pdf here.)
Please use the following tips in your conversations:
The most important factor in all of this is who the tenant is and how transparent they are willing to be. You should consider:
- Understand leverage based on size and scope. How big is the restaurant in whatever center, and in the landlord’s overall portfolio? Is it a local landlord or out of town? How much does the restaurant drive traffic to the rest of the center – is it impactful in more ways to the landlord’s health and property if it closes?
- Understand the best and worst-case scenarios for their particular business.
- Understand the current impact on sales/performance.
- Understand what their “ask” really is. This is likely an individual decision and will need to remain in flux as the grounds shift daily. Be very thoughtful about this.
- Understand what their exposure is, provided they need to abate or completely discontinue rent payment, and for how long, or until X happens.
- Understand what BK looks like and how it’ll affect both them and their landlords.
- Seek legal counsel before any decisions are made.
We typically find in these situations that those tenants who are honest and who’ve put thought into their situation will be best suited to work together with their landlord partners. However, the blind “ask” for relief will likely get nowhere.
To close, I understand many lenders are going interest-only for a period of time. So this would be a good question to ask the landlord – are you getting relief from your lender? If the answer is yes – then they should extend relief to the tenant. If not – the landlord should ask for interest-only relief before they say no to a tenant request for the same.
COVID-19 Posts:
- $2.5M Grant for Restaurant Workers
- NRA Summary of PPP 2nd Draw: Helping Restaurants & Small Businesses
- From the NRA: What the COVID-19 Relief Bill Means for Restaurants
- MRA Statement on Health Directive 16
- Survey About Closing Dining Rooms
- Tips on PPP & Loan Forgiveness
- Quarantine Protocol Updated Dec 4
- Health Department Meeting Thursday, December 3
- Signed letter from Memphis Restaurant Association
- Front Door Printable for HD 15
- Shelby County Commission Meeting Is Today
- Health Directive 15 Statement Input
- Nov 20 Health Department Update
- Webinar With Poplar Health on Pool Testing
- Nov 16 Health Department Update
- Shelby County Health Directive 13 – October 6
- Record a Video for More Relief Now
- Free webinars
- Memphis Restaurant Association Free Printables
- Governor Lee Extends to Go Drinks for Restaurants Through September
- Join the ServSafe Dining Commitment
- Shelby County Health Directive 8
- Lbd Delivery Extended Again With Executive Order
- TN Gov. Lee Announces Relief Program – No Details Yet on How to Apply
- 1-Click Email to TN Senators About PPP
- Free Bilingual COVID-19 Testing by Church Health & St. Michael’s Catholic Church May 29
- Members Who Offer COVID Supplies and Services
- Special Ojo Scooters Promotion for Restaurants
- POS Companies Offering Online Ordering and Curbside Options
- Shelby County Back to Business Requirements
- Free Printable Sign to Screen Your Customers
- Please respond to this survey
- Face Masks available today – Friday, May 1
- Tennessee Business Reopening Protocol
- Members Offering Cleaning Services and Cleaning Supplies
- April 14 LBD Information (Updated)
- Grants and Loans – Money Available for Businesses & Staff
- Apply for the Payroll Protection Program, Which Is Included in the Cares Act
- TN 15% LBD Tax On Hold
- Negotiating With Your Landlord
- Marketing and Compliance Tips for Delivery, To-Go, Curbside
- 3rd Party Delivery Services
- Gov. Bill Lee Permits To-Go and Delivery Wine Sales in TN
- Work for the Service Industry
- Taste901ToGo Social Media Campaign
- Ways you can help
- To-Go Beer Sales Ordinance Passed
- Curbside Parking
- Ways You Can Take Action
- Memphis restaurants that are open for business
- COVID-19 Resources and Links
- TN Businesses Now Eligible for SBA Loans!
- Do I Still Have to Pay Taxes During the Pandemic
- GoFundMe by Edible Memphis
- Relief Grants for the Hospitality Industry
- How to File Loss of Income Insurance
- Act Now US Travel Petition – Sign By Noon Friday Mar 20
- ALERT!!! Mandate to Close ALL Restaurants- Dine-In Only will come from Mayor Strickland this afternoon!
- COVID-19 update from MRA