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re: The Cheesecake Factory Tells Landlords They Won’t Be Paying April Rent

Posted on 3/26/20 at 6:39 am to
Posted by Mo Jeaux
Member since Aug 2008
64599 posts
Posted on 3/26/20 at 6:39 am to
quote:

I'm guessing whomever owns cheesecake factory land can afford to miss rent for a month or two.



Why would you guess that?
Posted by Pettifogger
I don't really care, Margaret
Member since Feb 2012
87748 posts
Posted on 3/26/20 at 6:43 am to
Haha of course it’s the LLs problem. Force majeure is typically a timing/excusing delay provision and isn’t usually intended to just wholesale cover for non performance. They’re not delivering quiet enjoyment, access, etc.

If I could invest in legal arguments likely to explode in popularity, temporary frustration of purpose would be a big play.
Posted by Ole War Skule
North Shore
Member since Sep 2003
3409 posts
Posted on 3/26/20 at 6:44 am to
quote:

I'm guessing whomever owns cheesecake factory land can afford to miss rent for a month or two.



whether can can afford it or not isn't the point....you sound like trash justifying stealing from 'the man'.

"I'm sure they can afford it", so I'll steal from them."
Posted by Rouge
Floston Paradise
Member since Oct 2004
138858 posts
Posted on 3/26/20 at 6:46 am to
quote:

temporary frustration of purpose


Sounds like my sex life
Posted by Pettifogger
I don't really care, Margaret
Member since Feb 2012
87748 posts
Posted on 3/26/20 at 6:46 am to
Cheesecake Factory build outs suck to fill I’m gusssing.
Posted by Powerman
Member since Jan 2004
175705 posts
Posted on 3/26/20 at 6:47 am to
quote:



whether can can afford it or not isn't the point....you sound like trash justifying stealing from 'the man'.

"I'm sure they can afford it", so I'll steal from them."



If the LL doesn't have enough on his balance sheets to cover him for 2 months they must be a loser right? Is that how this works?

The most sensible thing for both parties to do would be to amend the contract and allow for partial payments of rent until things turn to normal with the intent of all back owed rent being paid in full within X number of months.

Or the LL could just evict them and let it sit empty for an indefinite period of time.
Posted by Pettifogger
I don't really care, Margaret
Member since Feb 2012
87748 posts
Posted on 3/26/20 at 6:47 am to
Nah bro “impossibility”
Posted by CajunTiger_225
Baton Rouge
Member since Jan 2015
9233 posts
Posted on 3/26/20 at 6:50 am to
quote:

I'm sure they have every intention of catching up on back owed rent when they're capable

The Cheesecake Factory revenues 2 billion dollars a year. They're definitely hurting but unlikely not capable of paying rent.
Posted by Powerman
Member since Jan 2004
175705 posts
Posted on 3/26/20 at 6:50 am to
quote:

Cheesecake Factory build outs suck to fill I’m gusssing.

I would have to think so. Wouldn't be easy to fill that spot during regular times.
Posted by Mo Jeaux
Member since Aug 2008
64599 posts
Posted on 3/26/20 at 6:52 am to
quote:

The Cheesecake Factory revenues 2 billion dollars a year. They're definitely hurting but unlikely not capable of paying rent.



What are their profits? What are their other expenditures?
Posted by BilJ
Member since Sep 2003
163116 posts
Posted on 3/26/20 at 6:55 am to
quote:

survival of the fittest right now... I love it


What a bad arse
Posted by CajunTiger_225
Baton Rouge
Member since Jan 2015
9233 posts
Posted on 3/26/20 at 6:57 am to
Somewhere in the ballpark of 140 million. Probably closer to 200
This post was edited on 3/26/20 at 6:58 am
Posted by goofball
Member since Mar 2015
17356 posts
Posted on 3/26/20 at 7:00 am to
They have leverage.

And do you want the struggling restaurants to leave the space entirely?
Posted by elcid
Band Camp
Member since Mar 2007
3036 posts
Posted on 3/26/20 at 7:02 am to
I agree with you under normal circumstances (in both good and poor economies). However, this is an extraordinary event unlike any other event in the past 50 years and possibly the past century. If the quarantine continues, we will find out very quickly how closely related we all are in our economic ecosystem. currently, a very small minority of landlords can fill up rentals vacated by evictions but most will not be able to going forward - the rental prices will start to come down in the vast majority of rental markets. Commercial real estate is already getting bludgeoned, the housing market (to include rentals) will follow.
This post was edited on 3/26/20 at 7:07 am
Posted by NIH
Member since Aug 2008
125083 posts
Posted on 3/26/20 at 7:11 am to
It’s pretty sweet having so many fat Dave Ramsey types from Watson tells us how business should be conducted
Posted by OceanMan
Member since Mar 2010
23419 posts
Posted on 3/26/20 at 7:19 am to
quote:

Landlords They Won’t Be Paying April Rent by Ole War Skule
quote:


The landlord has rights too. The question is, can they get another tenant? Especially for a store built for a massive chain restaurant? At a time that restaurants aren’t allowed to be open?

Sucks for the landlord, but they are sharing in losses just like everyone else.
Posted by kywildcatfanone
Wildcat Country!
Member since Oct 2012
141237 posts
Posted on 3/26/20 at 7:26 am to
I didn't justify it, just stated that if you own land that cheesecake factory is renting, then you likely are a very high end developer and have money to weather this storm.

It's not like you own a single strip mall, and the tenant is your next door neighbor.
This post was edited on 3/26/20 at 7:27 am
Posted by Stealth Matrix
29°59'55.98"N 90°05'21.85"W
Member since Aug 2019
11988 posts
Posted on 3/26/20 at 7:26 am to
quote:

I hate tenants.


Cool landlord flex, bro.
Posted by latech15
Member since Aug 2015
1291 posts
Posted on 3/26/20 at 7:47 am to
Kick them out and sue them for the remainder of their contractual obligation. That would be my response to their letter anyway.

Them saying that they won’t pay is basically passing on their loss (on rent) to the landlord. Everybody is in this together and it’s not right for one business to pass on a loss to someone else without some recourse.

The correct response is to workout a partial rent payment for 6 months with the remainder to be added back during the next 6 months and at contract renegotiation they can both decide if they want to continue together.
Posted by TheOcean
#honeyfriedchicken
Member since Aug 2004
46726 posts
Posted on 3/26/20 at 7:56 am to
quote:

Kick them out and sue them for the remainder of their contractual obligation. That would be my response to their letter anyway.





These terrible business hot takes are great
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