Leases: Vacancy = Equity

Darryl McCullough • January 15, 2018

Fact. Every day there is vacancy in a project, is a day that benefits can not be recouped. In other words, the opportunity for rental income or alternative benefits is gone forever.

Vacancies occur for a number of reasons; be it curable or incurable economic obsolescence, structural obsolescence etc. etc.

One alternative is to exchange the vacancy for equity in real or personal property.


Let’s site an example of this becoming a win-win situation.

  1. Landlord A, (“Landlord”) whose background is in land development and leasing, is the owner of an industrial/commercial property that continues to experience vacancy. The prospect of finding tenants, in the short run, is limited. The Landlord acknowledges the reality that rent, which is lost during the time when the space is vacant can never be recovered. Therefore, Landlord is determined to do something to rectify for that lost rent.

  2. Local Entrepreneur B (“Tenant”) has a start-up business opportunity requiring approximately 5,000 sq. ft. of space. Research has determined that the market rent for such a facility would be $6.00 per sq. ft., equating to a base rental of $30,000 per year.

This budding Tenant has very little cash with which to start up a new business. However, he has a free and clear development property, with a value today of $300,000. Current market conditions make it difficult to sell the development land to raise the needed cash.

An agreement is made with the Landlord to lease the Tenant the 5,000-sq. ft. for a 10-year period at $0 base rent. In exchange, the Tenant deeds the development land to the experienced Landlord.

Landlord Benefits

The 5,000-sq. ft. vacancy is filled. The Landlord now owns a free and clear development parcel which he can work with. Also, his taxes, insurance and maintenance expense for the 5,000-sq. ft. have now been passed through to the Tenant.
The Landlord has another asset that can be financed, exchanged, collateralized etc. allowing even more expanded opportunities.

Tenant Benefits

The Tenant now has prepaid his rent for 10 years, enhancing greatly his chance for success. In addition, he has been able to pay for needed equipment etc. without incurring a large amount of debt.
Also, the Tenant, in turn, could, if desired, sub-lease some or all of the space to an arm’s length or related entity and receive rental income.

Conclusion

Packaging non-performing vacant space such as retail commercial, office, warehouse, resorts, cottages, other recreational etc., and exchanging it for equity in real/personal property by offering a prepaid lease on the vacant space is a viable alternative to experiencing ongoing lost rent.

Another Option

The Tenant may offer an ownership interest for the Landlord in Tenant’s business via preferred and/or common shares for the vacant space.

Obviously, variations of the above example are plentiful.

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