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714: Eric Bernheim on 9 Strategies to Resolve Landlord-Tenant Relations

Restaurant Unstoppable with Eric Cacciatore

Release Date: 05/14/2020

1075: Faras Kargar Owner Delbar Restaurant and Bar show art 1075: Faras Kargar Owner Delbar Restaurant and Bar

Restaurant Unstoppable with Eric Cacciatore

Fares Kargar is the Owner of and in Atlanta, Georgia. Fares was born in Iran and grew up there until he was 18 when he moved to the US. Once in Atlanta, he went to school for hospitality management and while in school, he began working in restaurants. Once he graduated, he moved on to work in many restaurants, including Waffle House, until he landed at Rumi's Kitchen where he quickly became a GM. Finally, in 2020, he opened his first restaurant, Delbar. Today, there are 4 Delbar locations.  Favorite success quote/mantra: "This too shall pass." In this episode we will discuss: ...

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1074: Doug Turbush Chef & Owner Seed Kitchen and Bar show art 1074: Doug Turbush Chef & Owner Seed Kitchen and Bar

Restaurant Unstoppable with Eric Cacciatore

Doug Turbush is the Chef & Owner of in Atlanta, GA. Doug started in the business as a 15 year old washing dishes. He went to school for hotel managment and went to the C.I.A. after that. His goal was to open his own restaurant by his early 30s. He lived and cooked in Thailand and lived and cooked in Atlanta until at 39 he opened Seed Kitchen and Bar in Atlanta in 2011. In 2013 he opened Stem Wine Bar next to Seed, and in 2016 he opened another restaurant which then closed in 2024.  Favorite success quote/mantra: "Make it nice or make it twice." In this episode we will discuss: ...

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1073: Jen Hidinger-Kendrick Founder of Giving Kitchen show art 1073: Jen Hidinger-Kendrick Founder of Giving Kitchen

Restaurant Unstoppable with Eric Cacciatore

Jen Hidinger-Kendrick is the Founder of . Jen and her late husband, Ryan, started a supper club in Atlanta around 2012. The supper club was incredibly successful and finally, four years later, they opened Staplehouse together. Staplehouse was also a great success. However, before the restaurant opened, Ryan was disgnosed with cancer and passed away in 2014. Jen sold her share of the restaurant to her partners and started Giving Kitchen, a nonprofit with this mission: "to provide emergency assitance to food service workers through financial support and a network of community resources."...

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1072: Damian Otero and Miguel Hernandez, CEO and COO at Rreal Tacos show art 1072: Damian Otero and Miguel Hernandez, CEO and COO at Rreal Tacos

Restaurant Unstoppable with Eric Cacciatore

Damian Otero is the CEO of Rreal Tacos and Miguel Hernandez is the company's COO. Damian and Rreal Tacos were previously on the show for episode 945 back in 2022. At that time, Rreal Tacos was opening their third location. Today there are 8 locations with more on the way. They are based in Atlanta, GA. Favorite success quote/mantra: "Create an opportunity biug enough for everybody to get a piece of the action." In this episode we will discuss: Negotiating leases Real estate and restaurants Growth/expansion Sharing equity with employees Marketing Today's sponsor: : Are you a chef, owner,...

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1071: Shuai & Corrie Wang Co-Owners of Super Happy Fun Time Group show art 1071: Shuai & Corrie Wang Co-Owners of Super Happy Fun Time Group

Restaurant Unstoppable with Eric Cacciatore

Corrie and Shuai Wang are the co-owners of Super Happy Fun Time Group which operates and in Charleston, SC. Shuai is a Chinese immigrant who grew up in NYC. There he met Corrie while working in restaurants. Corrie is from upstate NY and is also an author. They moved to Charleston together in 2014 and soon after started a foodtruck and popups to test their culinary concepts. Jackrabbirt Filly opened in 2019 with King BBQ opening in November of 2023.  Favorite success quote/mantra: Shuai: "You have yet to experience your best days." Corrie: "Like attracts like."  In this episode we...

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1070: Bret Oliverio Owner of Sup Dogs show art 1070: Bret Oliverio Owner of Sup Dogs

Restaurant Unstoppable with Eric Cacciatore

Bret Oliverio is the Owner of Sup Dogs, based in Greenville, NC. Bret began his post-school career as a radio broadcaster. His brother started Sup Dogs back in 2008 but tragically passed away a few years later. That's when, in 2012, Bret took over the restaurant and continues to own it today. Now, there are two Sup Dogs locations, plus a distillery and a cocktail bar.  Favorite success quote/mantra: "If you let up, you lose." In this episode we will discuss: Marketing Leaving another industry for restaurants  Get an accountant Profit-first Menu engineering Verticle integration...

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1069: Sother Teague Creative Drunk and Founder of Sother Hospitality show art 1069: Sother Teague Creative Drunk and Founder of Sother Hospitality

Restaurant Unstoppable with Eric Cacciatore

Sother Teague is the "Creative Drunk." He is the Founder of Sother Hospitality, Beverage Director at Amor y Amargo, Cohost of the Speakeasy Podcast, author of "I'm Just Here For The Drinks", and most importantly, a bar tender.  Favorite success quote/mantra: "If you're the smartest guy in the room, you're in the wrong room." In this episode we will discuss: Partnerships Theater of hospitality Lawyers Popups Bars/bartending Today's sponsor: : Are you a chef, owner, operator, or manage recipes in professional kitchens? meez is built just for you. Organize, share, prep, and scale recipes...

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1068: Kate Holowchik Chef/Owner of Lionheart Confections show art 1068: Kate Holowchik Chef/Owner of Lionheart Confections

Restaurant Unstoppable with Eric Cacciatore

Kate Holowchik is the chef/owner of Lionheart Confections. Kate grew up baking with her family and began baking in corporate kitchens, such as Panera Bread, during college. After going from kitchen to kitchen, from FOH to baking in BOH, she eventually started Lionheart Confections, a baking popup based in New Hampshire, in 2020. Favorite success quote/mantra: "Lead with a kind heart and live unapologetically." In this episode we will discuss: Mentors Popups Toxic kitchens Today's sponsor: : Are you a chef, owner, operator, or manage recipes in professional kitchens? meez is built just for...

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1067: Matt Berry & Vinny and Dante Marino Co-Owners of DeadProof Pizza Co show art 1067: Matt Berry & Vinny and Dante Marino Co-Owners of DeadProof Pizza Co

Restaurant Unstoppable with Eric Cacciatore

Matt Berry, Vinny Marino, and Dante Marino are the Co-Owners of in New Hampshire. DeadProof Pizza Co is a mobile pizza vendor based in Manchester, NH. Chef Matt Berry created the concept and sought Dante and Vinny for help with marketing. They are all now co-owners of the wildely popular concept.  Favorite success quote/mantra: "If you're scared, do it scared." In this episode we will discuss: Pop-ups Marketing Pizza Finding the balance Today's sponsor: : Boost your efficiency and profitability without adding labor costs. MarginEdge is a complete restaurant management software that...

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1066: Irene Li Co-Owner of Mei Mei Dumplings show art 1066: Irene Li Co-Owner of Mei Mei Dumplings

Restaurant Unstoppable with Eric Cacciatore

Irene Li is the co-owner of in Boston, MA. Irene grew up in Boston in a Chinese-American family where food was always paramount. She realized her love for cooking while attending Cornell. She and her brother and sister opened Mei Mei Street Kitchen, a food truck, in 2012. In 2018, Irene bought out her co-owner siblings in order to take full control of the business and take it in a new direction, a direction dedicated to identifying and addressing food injustice. She soon realized that dumplings were the most popular item on the menu, and doubled down on that item. Today she sells dumplings...

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Eric Bernheim is a partner at Halloran Sage law firm where he skillfully leads his clients through complex real estate transactions. His practice includes transactional work, zoning, land use, and commercial leasing matters focusing on representing restaurant operators interested in expanding throughout the country.   With over a decade of experience, Eric’s solid understanding of commercial and residential real estate matters provides his clients with peace of mind and confidence.

Check out Coronavirus Chronicle #31 with David Denny as mentioned in today's episode.

Show notes…

Calls to ACTION!!!

Favorite success quote or mantra:

  • "Leading our clients to find the best path forward."

In today's episode with Eric Bernheim we will discuss:

  1. Can you pay rent? If you can, you should.
  2. Triple net only
  3. Security deposits
  4. Abatement
  5. Forbearing rent extending terms
  6. Condemnation provision
  7. Environment provision
  8. Landlord defaults
  9. Force majeure

Leasing Issues

  • How does COVID-19 affect my obligations under my lease?
  • So if my lease doesn’t get me out of paying rent, what should I do?
  • What should I do if I have not paid rent and my landlord has sent me a default notice?
  • Can my landlord evict me for nonpayment of rent?
  • Is my landlord in default of its lease obligations?

General guidance to help restaurants evaluate their options and work out solutions.

With certain important exceptions, leasing parties should exercise patience, restraint, and consider practical short-term workouts only.

The most practical approach is for landlords and tenants to focus on addressing key issues over the short-term through a lease amendment or forbearance agreement (Short-Term Workouts), such as:

  • Rent Relief
  • Rent Repayment
  • Tenant Assurances and Reporting and Landlord Forbearance
  • Modification of Operating Clauses, Etc.: .
  • Third Party Consents:

Does Force Majeure help?

The ability of leasing parties to enter into Short-Term Workouts will depend on their evaluation of a number of critical legal, practical, and financial issues:

  • Tenant’s Short-Term Outlook or Business Plan.  If occupancy is restricted to 25%, what next?  
  • Access to Government Relief Programs. – do they help restaurants?
  • Landlord Ability to Recover Leased Space.
  • Landlord Ability to Prepare and Fit-out Premises for Reletting.

Today's sponsor:

Restaurant365 is a cloud-based, all-in-one, restaurant-specific accounting and back-office platform that seamlessly integrates with POS systems, payroll providers, food and beverage vendors. It generates accurate real-time reporting and analysis in user-friendly dashboards, facilitating immediate, data-driven decision making. Restaurant365 eliminates manual, error-prone processes and is designed to help restaurant businesses grow with functionality that helps optimize labor costs, reduce food costs and increase revenue.

 

Toast - A POS built for restaurants by restaurant people Adapt fast with Toast's cloud-based restaurant POS system that updates to evolve your POS along with changing industry trends and guest expectations. Toast is built exclusively for restaurants of all shapes and sizes, with over 2/3 of our employees having restaurant experience to serve you better. Online Ordering - Let guests easily order directly from your restaurant for pickup or contactless delivery to keep revenue flowing during these uncertain times. Toast Delivery Services Dispatch local drivers through an on-demand network to keep your community fed and revenue coming in.

Contact info:

Website: www.halloransage.com

LinkedIn: Eric Bernheim

Thanks for listening!

Thanks so much for joining today! Have some feedback you’d like to share? Leave a note in the comment section below!

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Huge thanks to Eric Bernheim for joining me for another awesome episode. Until next time!

 

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