Chicago Sun-Times (Sunday)

Mall giant Taubman tells tenants: You must pay rent

- BY NATHAN BOMEY

One of the nation’s largest mall owners instructed its tenants to make their rent payments even though their malls are closed during the coronaviru­s pandemic.

A letter sent to Taubman Centers tenants nationwide and obtained by USA Today shows the company’s directive to its tenants to make their payments on time.

“Landlord’s obligation to pay its lenders, utility companies, insurance companies and the like, to ensure the safety and security of the building and maintain the appropriat­e level of operations, remains,” Taubman told tenants in the letter. “The rental income that we receive from tenants is essential in order to meet these obligation­s. All tenants will be expected to meet their lease obligation­s.”

The company said in the letter that it received “numerous inquiries” from tenants regarding potential rent relief.

With 15.8 million square feet of space, Taubman Centers is the 16th-largest mall property owner in the country, according to real estate data source CoStar Group. Taubman has no properties in Illinois.

Taubman spokespers­on Maria Mainville confirmed the authentici­ty of the letter and defended the company’s decision to send it.

“We understand that these challengin­g times are going to be hard for some tenants,” Mainville said in an email. “We are attempting to navigate through this situation in the best way we can, while being as flexible as we can with our tenants in light of our ongoing obligation­s. The tenant memo does not replace our willingnes­s to talk to each tenant about their respective challenges and help them chart an appropriat­e course for the future.”

Alex Victor, partner in the hospitalit­y and restaurant group at law firm Davidoff Hutcher & Citron, said it’s unclear whether a global pandemic qualifies as an event that would suspend payments under most leases.

“Most leases are going to say the requiremen­t to pay rent is absolute and independen­t of all the other covenants,” he said. But tenants “might say, well, because of this whole thing, it’s made it impossible for me to conduct my business.”

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