R-22 Refrigerant Phase Out Will Impact Most Retail Leases
Time 2 Minute Read
Categories: Real Estate

Retailers should mark January 1, 2020, on their calendars. It’s the date R-22, a hydrochlorofluorocarbon-based refrigerant being used in roughly 50 percent of all HVAC equipment, is set to phased out. Most triple-net commercial retail leases provide that tenants are responsible for the maintenance of their HVAC systems. As the deadline approaches, R-22 will be in short supply and prices will quickly become the highest line item in most repairs, likely to be hundreds of dollars per pound. For those who are not prepared, HVAC repairs of R-22 based units may quickly get out of hand and availability issues may cause interruptions in service. Retailers should be advised to review their existing leases and their existing HVAC units to help to plan for the coming transition and to be mindful of the phase-out of R-22 when entering into new leases, especially since retrofits of alternative refrigerants will likely not result in the same cooling capacities. In many cases, a replacement may be a more economical solution once R-22 is no longer produced or imported.

Retailers should be taking several steps to prepare. First, they should be taking an inventory of their existing units and taking note of any units requiring repair. A properly operating HVAC unit should not leak, and can be maintained for years without requiring additional R-22. Second, they should review their leases to make note of the allocation of responsibility for replacement of HVAC units if necessary. Finally, new space should be inspected to ensure that the newer R-410A refrigerant is being used or that budgets account for increased repair costs or replacements in the future as the deadline nears.

  • Partner

    Mark’s practice focuses on commercial real estate transactions across a variety of industries, including in the retail, office and healthcare sectors. His experience includes (i) the representation of healthcare systems in ...

You May Also Be Interested In

Time 2 Minute Read

Strip malls are seeing a surge in valuation, perhaps due to Americans’ desire for the in-and-out convenience that they offer due to their proximity to main roads. Once seen as eyesores, some strip malls are getting face lifts. With many Americans working from home at least a few days per week, consumers are craving accessibility, one-stop shopping and easy parking. As a result, strip malls are seeing an increase in foot traffic during weekdays. Trips to strip malls increased 18% in 2022 compared with before the COVID-19 pandemic. Most visitors of strip malls are hyper-local and visit the centers frequently and for short durations. 

Time 3 Minute Read

The rise of e-commerce and the struggle many brick-and-mortar retail stores face is nothing new.  Customers are increasingly choosing to shop for clothes, furniture and even groceries from the convenience of their own homes. More recently, however, this shift in the way consumers shop has given rise to new types of retail stores – small showrooms and “pop-up shops.” While showrooms are not entirely new concepts, purely digital companies are increasingly opening up physical showrooms where customers can see and touch merchandise before deciding to buy, while the actual transactions often remain online. Pop-up shops – another retail store model - allow retailers (often online or seasonal retailers) to have a physical presence for a limited duration to essentially test run whether a permanent store would be lucrative.  

Time 3 Minute Read

Most retail tenants desire to locate their respective businesses amongst other retail businesses in malls, retail shopping centers or other mixed-use centers. Therefore, when negotiating retail leases, some of the most heavily discussed provisions involve the tenant’s share of Common Area Maintenance (“CAM”) expenses. CAM expenses essentially determine how much money a tenant will contribute to the upkeep and maintenance of the surrounding shopping center owned by the landlord.

Time 2 Minute Read

E-commerce and online shopping are here to stay, but the explosion of new technology and the number of resources available to facilitate online shopping is an opportunity for retailers to embrace new ideas and concepts that will increase foot traffic to their physical locations. The store-within-a-store concept isn’t new, but the type of store-within-a-store retailers have conventionally seen is changing and bringing in new business.

Search

Subscribe Arrow

Recent Posts

Categories

Tags

Authors

Archives

Jump to Page