2019冠状病毒病大流行期间的商业房东与房客关系
在COVID-19造成的健康和经济危机中, landlords, property managers, and tenants of commercial property are scrambling for information and establishing new policy. Briefings by the President and Governor change the way businesses can be conducted with little or no advanced warning. 今天还行得通的事，明天可能就不可行了.
What has become clear, is that the COVID-19 pandemic is causing economic upheaval for businesses. 受影响最严重的是餐馆, gyms, churches, and hair salons, but many others are experiencing a complete shutdown or a sizeable loss of business. While the federal government is attempting to provide some economic relief to businesses, 许多公司将无法利用这些有限的项目. Some will be left unable to meet their financial obligations, including their lease payments.
商业房东需要全面, yet individualized, plan for dealing with tenants whose businesses have been closed or otherwise severely economically impacted. When making that plan, they should attempt to be flexible and consider the many ways to work through these difficult days. 在一种情况下有效的方法可能不适用于另一种情况. As in most cases, landlords should first analyze the strength of the tenant and the lease terms. This will provide important direction for creating a plan for moving past the COVID-19 emergency. 因为每种情况都是独一无二的, a nondisclosure agreement will keep the details confidential and prevent help offered to one tenant from undermining other negotiations.
Tenants faced with drastically reduced revenue will likely ask for either rent abatement or rent deferment. Generally, 最好的办法是暂时推迟全部或部分租金, waive late fees, 向房客保证他们不会马上被赶出去, 鼓励申请所有可用的援助, 建立一种融洽的关系. 虽然付房租很重要, 许多企业主都面临着许多问题, 比如完成合同, retaining employees, and basic survival. Temporary rent relief will be greatly appreciated and will not waive the landlord’s right to collect rent in full.
根据承租人的财务状况和支付房租的历史, 现在也许是修改租约的好时机. 一场真诚的谈判可以让每个人都开心地离开. 取决于生意和租约, the landlord may request financials for the preceding year plus year-to-date in order to adequately assess both the need for relief and the ability to structure a realistic recovery plan. Some possibilities are:
- Abate rent for an agreed upon period (two or three months) in exchange for an extended termination date
- Defer rent for an agreed upon period with the deferred amount amortized over the remainder of the lease (or perhaps amortized over a pre-determined, 更短的租期对特定的租户来说更有意义)
- 在商定的期限内推迟租金，并在晚些时候支付一笔巨额款项
- 将全部或部分保证金用于当期租金
- 修改租赁条款，如CAM(公共区域维护)费用或维护
- 扩大或减少租赁场所
- Increase rent escalations in exchange for short-term rent reduction, deferment, or abatement
- 增加一个人作为额外的租户，以加强租赁
- Add a personal guarantee
在"用柠檬做柠檬水"的概念下,“这可能是改善租赁场所的好时机. 生意如火如荼的时候很难装修, 但是，当业务暂停或严重减少时, 租客和房东可以合作粉刷, deep clean, replace flooring, do landscaping, 总的来说，要把房子收拾干净. 租客提供血汗权益，房东支付材料成本, the landlord-tenant relationship is strengthened and the tenants’ commitment to the leased space is reinforced. 对于房东来说，最理想的情况是，材料成本将用于租金. 如果租客不能这么做的话, 房东可按约定提供材料或报销.
Small, commercial tenants without a CFO or executive board may appreciate direction to appropriate government programs. 有许多优秀的行业特定网站, 但主要的基本救济是通过冠状病毒援助, Relief, 3月27日，《现金网官网》(简称《现金网官网》)签署成为法律, 2020.
The CARES Act contains $376 billion in relief for American workers and small businesses. The Small Business Administration (SBA) website has information on loan and debt relief options for both landlords and tenants. The same programs that benefit tenants may also benefit landlords who are often small businesses themselves.
The Paycheck Protection Program provides loan forgiveness for retaining employees by temporarily expanding the traditional SBA 7(a) loan program is part of the CARES Act. If employees are kept on the payroll for eight weeks and the money is used for payroll, rent, mortgage interest, or utilities, the loan will be forgiven. Application is made through any SBA 7(a) lender or any participating federally insured depository institution or credit union. 基本上，小企业通过他们的银行申请.
Also, under the CARES Act, 经济损失灾害贷款紧急预支(EIDL)提供最多10美元,000 of economic relief to businesses that are currently experiencing temporary loss of revenue due to COVID-19. 申请可透过中小企业管理局网页递交. 如果获得批准，贷款预付款将不必偿还.
Further, the CARES Act gives states the option of extending unemployment compensation to workers who are ordinarily ineligible for benefits, 比如独立承包商. Unemployment benefits are administered through each state’s unemployment insurance program. This program might help small business owners with no employees such as hair stylists, massage therapists, and general contractors.
除了政府项目, tenants should be encouraged to look into possible coverage under their insurance policies. Insurance policies are merely contracts which provide payment to the insured in certain situations where loss has been incurred. “Interruption of business” clauses may or may not cover this pandemic depending on both the wording of the policy and future court decisions interpreting the language.
Adversity is opportunity. If handled well, both landlords and tenants can come through these difficult days stronger. Amending or extending a lease can help tenants get through the COVID-19 crisis in the short-run leaving landlords with valuable tenants, and more valuable property, in the long-run. As in any business negotiation, the goal is to find a resolution that works for both parties. Both landlord and tenant have problems that need resolving, but they also each have things to offer. 如果保持一种非对抗性的关系，就更有可能取得好的结果, parties are innovative, 重点放在众所周知的大局上.
以下是一些有用现金网官网的链接:
http://www.sba.gov/page/coronavirus-covid-19-small-business-guidance-loan-resources
http://www.dol.gov/coronavirus/unemployment-insurance
Kathryn Byler is Pender & 现金网官网律师专注于房地产业务, business, guardianships, 以及遗产规划事宜.
Filed Under: COVID-19文章和现金网官网