(864) 315-3734

Corporate bankruptcy filings are climbing as businesses contend with persistent inflation, elevated borrowing costs and changing consumer spending patterns. For commercial property owners, the increase is creating a new wave of lease negotiations, store closures and tenant turnover.

U.S. bankruptcy filings totaled 591,850 during the 12 months ending in March, up nearly 12% from the previous year. The increase included a sharp rise among smaller companies, which have fewer locations and financial resources available to absorb prolonged operating losses.

Real estate often becomes one of the first expenses examined after a consumer-facing business enters Chapter 11. Companies typically review each location to determine whether it is profitable, has future potential or should be removed from the portfolio.

Closing an underperforming store can reduce rent and operating expenses while improving the financial performance of the remaining business. Bankruptcy law also gives tenants significant leverage because companies may seek court approval to reject leases they no longer consider economically viable.

That possibility frequently brings landlords to the negotiating table. Property owners may agree to rent reductions or revised lease terms rather than regain possession of a space during an uncertain leasing environment.

Retailers and restaurants have been particularly vulnerable. Consumers continue to spend more in dollar terms, but higher prices mean they are often purchasing fewer goods and becoming more selective about dining and discretionary expenses. Restaurants are also adjusting to changing dietary preferences and a customer base that has become increasingly concerned about both health and affordability.

Several recent restaurant bankruptcies demonstrate how quickly real estate decisions can become part of a restructuring.

Sailormen Inc., a Popeyes franchisee that filed for bankruptcy in January, secured buyers for 97 Florida restaurants. However, 52 locations failed to attract buyers through the auction process, and the court later approved the rejection of leases for 18 of those properties.

Carrols Restaurant Group, a Burger King franchise operator that entered Chapter 11 in 2025, rejected nine leases from a portfolio of 57 during its restructuring. Larger companies generally have more flexibility to close weaker stores and consolidate operations into better-performing locations.

Smaller operators face a more difficult path because losing even one or two locations can significantly reduce revenue. The owners of Negroni Bistro & Sushi Bar locations in Miami’s Brickell and Doral neighborhoods recently filed for bankruptcy while planning to continue operating during the reorganization process. The restaurants occupy spaces of approximately 4,000 and 6,000 square feet under long-term leases.

Lease rejection can leave landlords with limited recovery options. Once bankruptcy protections are in place, an automatic stay generally prevents property owners from taking action against the tenant or its assets. Claims resulting from rejected leases are also restricted under federal bankruptcy rules, limiting how much unpaid future rent a landlord may recover.

The effects can extend beyond retail properties. A company reducing its storefront portfolio may also need less office space, warehouse capacity or distribution infrastructure, creating additional exposure across the commercial real estate market.

Still, tenant bankruptcies can create opportunities for well-located properties. Landlords may use the restructuring process to replace a struggling tenant with an expanding brand that can pay sustainable rent and generate stronger traffic.

Properties in growing communities with favorable demographics are likely to recover more quickly. Locations in weaker markets, particularly those carrying above-market rents, may require substantial concessions before another tenant can be secured.

For landlords, early communication and close attention to tenant performance are becoming increasingly important. As bankruptcy activity rises, owners that identify financial problems before a filing may have more time to negotiate, market the space or prepare for a transition.

The result is a broader reshuffling of commercial locations. Financially stronger tenants are gaining access to desirable sites, while landlords are reconsidering rents and replacing concepts that can no longer support their occupancy costs.

 

Source: Bisnow