Restrictions on Lease Remedies Arising Under Homart

Royer Cooper Cohen Braunfeld LLC
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In March, when much of the country was first experiencing the effects of the COVID‐19 pandemic, it was commonly believed that things would return to normal soon. Nearly nine months later, most of us have come to realize that there is now a new “normal.” A “normal” where we work from home, no longer eat at restaurants, go to the movies, or take vacations. These new norms are having a devastating effect on the commercial real estate market, retail businesses, the hotel sector, and many other industries. With lease defaults on the rise, landlords and tenants are increasingly turning to real estate lawyers for help. Consequently, certain industry standard lease provisions, such as a landlord’s right to pursue multiple and concurrent remedies, have come under increased scrutiny.

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