The reason why I brought it up is that one of my friends owns a Cici's Pizza Buffet Restaurant, and his landlord which is a big commercial real estate company, absolutely rejects that this situation is a force majeure situation since restaurants are allowed to operate via takeout orders. So there's the stand off.
It seems like a sensible solution would be to charge based upon a percentage of sales. So if the restaurant was doing $100k per month and paid $10k in rent before this mess, that's 10% of sales. So if they did $15k in sales this month from just takeout orders, they would only pay $1,500.
Will your friend also pay more rent if his sales are over $100K? Let's say 50% more if his business runs better than expected? Or does it only work in 1 direction?
Your friend could negociate a rent based on sales. I know a very big mall where all shops have to use a billingsystem provided by the mall owner. They pay rent based on their sales. The mall owner can see all the sales from each shop in the billing system.
