The Bank Job
Challenge:
A national bank tenant and regional landlord were disputing retroactive CPI rent increases totaling $500,000. Together they had spent $50,000 in legal fees before Roger was asked to intervene.
Solution:
Asking questions from an asset management rather than legal frame, focusing on parties’ respective business plans, revealed the potential for a future oriented “win-win” solution.
Outcome:
Bank agreed to pay the back rent over time, which did not require an embarrassing corporate approval process. The lease was extended and amended to eliminate the CPI provision, substituting fixed increases that generated $1mm in additional income to the landlord. Most importantly, the deal created constructive relations that led to a bank expansion two years later, adding an additional $1mm in value to the asset.
Don't Close - Move!
Challenge:
During COVID, a San Francisco legacy restaurant elected to permanently close, because even with public funding they could not afford expected future rent increases when their lease expired. They did not trust the new offshore landlord. Cultural and language barriers disrupted communication.
Solution:
Co-mediators, including Roger A Moss, using balanced language and business skills worked with each side, asking future-oriented questions, opening a path to mutual agreement.
Outcome:
Landlord offered tenants more affordable space in a nearby property, and financial incentives to assist the move before the current lease expired. Everyone won, including restaurants’ patrons and the local neighborhood.
