News & Analysis as of

Commercial Tenants Business Closures

Burr & Forman

Florida Appellate Court Says Tenant Cannot Use Force Majeure Clause as Weapon Against Landlord

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Last week, Florida’s Second District Court of Appeals handed down a pro-landlord decision arising out of the COVID-19 pandemic. See Fitness International, LLC v. 93FLRPT, LLC, No. 2D22-1182, May 10, 2023. One week later...more

Tucker Arensberg, P.C.

Pennsylvania Superior Court Holds that Doctrines of Frustration of Purpose and Impracticability/Impossibility of Performance are...

Tucker Arensberg, P.C. on

In the first Pennsylvania appellate case addressing the effects of government-ordered business closures due to the Covid-19 pandemic on a commercial lease default, the Pennsylvania Superior Court has held that the traditional...more

Perkins Coie

Potential Rent Relief for San Francisco Small Businesses Forced to Shut Down

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On July 20, 2021, the San Francisco Board of Supervisors unanimously approved an amendment to the San Francisco Commercial Eviction Moratorium Ordinance (Moratorium Amendment) codifying a legal presumption to potentially...more

Holland & Knight LLP

March Decisions Bring Mixed Results for Parties to New York COVID-19 Commercial Lease Disputes

Holland & Knight LLP on

Two recent cases from New York state court came out on opposite ends of the landlord-tenant and landlord-guarantor divides over COVID-19-related commercial lease disputes. On the pro-landlord end of the spectrum, in Mept 757...more

Conn Kavanaugh

Commercial Tenant Excused from Paying Rent During Government-Mandated Shutdown

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A Massachusetts Superior Court judge recently ruled that the doctrine of frustration of purpose excused Caffè Nero, a high-end coffee shop, from paying rent while its business was shuttered by government mandate. Although the...more

Hogan Lovells

Corona virus as a force majeure event in hotel lease agreements

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Corona virus as a force majeure event in hotel lease agreements - Rent payment and business interruption insurance - Since the hotel industry is severely affected by the current situation due to the new corona virus...more

Polsinelli

Simon says “Don’t Close Your Stores in My Shopping Centers”

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Simon Property Group is at it again. Two years ago, Simon took the shopping center world by storm when it obtained an injunction preventing Starbucks Corporation from shuttering 77 of its Teavana stores in Simon malls across...more

Tarter Krinsky & Drogin LLP

Federal Court Upholds New York City’s Recently Enacted “Guaranty Law” And Related Legislation Concerning Non-Payment Of Rent...

In a highly anticipated decision, Judge Ronnie Abrams of the United States District Court for the Southern District of New York, in Melendez v. City of New York, dismissed a challenge to the “Guaranty Law” and related...more

Lowenstein Sandler LLP

Mounting A Successful COVID-19 Force Majeure Argument

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As the economic effects of COVID-19 rage on, litigants are seeking to excuse contractual performance by invoking force majeure clauses. To date, there is a limited universe of applicable decisions, and the rulings reaffirm...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends - Issue 18, 2020

This 18th edition of Unprecedented, our weekly update on COVID-19-related litigation, sees us return to what, even in these early days of the pandemic, must be considered as some of the hottest topics. Thus, we discuss new...more

Dunlap Bennett & Ludwig PLLC

Restaurant Group Gets a Break on Its Rent During COVID-19 Pandemic

On June 2, 2020, the Northern District of Illinois Bankruptcy Court addressed landlord-tenant debt obligations issues in light of the COVID-19 pandemic in its decision for In re: Hitz Restaurant Group. The Court held that the...more

Williams Mullen

Williams Mullen's COVID-19 Comeback Plan: Landlord and Tenant Negotiations for Existing Commercial Leases Amid the COVID-19...

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Real Estate Partners Alyssa Carducci Embree and Robby Lawson discuss the responsibility for rent relief during a forced closure, landlord/tenant workouts for tenant’s continued operation in the premises, and tenant exit...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends, Issue 13

This 13th edition of Unprecedented, our weekly update on COVID-19-related litigation brings new developments in everything from constitutional law to tort liability. Shutdown cases show no signs of slowing down, and it seems...more

Mintz - Real Estate, Construction &...

New NYC Legislation Prohibits Enforcement of Personal Liability Provisions in Commercial Leases

On May 26, 2020, Mayor de Blasio signed into effect N.Y.C. Council Int. No. 1932-A (2020). The law amends NYC administrative code by rendering unenforceable provisions in commercial leases providing for personal guaranties by...more

Holland & Knight LLP

Bankruptcy Implications for Commercial Landlords with Bankrupt or Near-Bankrupt Tenants

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Tenant credit and security issues and certain lease negotiations (including modification or termination agreements) happening now may be impacted by a tenant bankruptcy in the future. Commercial landlords considering new...more

Tarter Krinsky & Drogin LLP

New York City Council Passes Suspension Of Personal Guarantees For Certain Commercial Tenants

On May 26, 2020, New York City Mayor Bill de Blasio signed the City Council’s bill No.1932-A (the Personal Liability Bill). The Personal Liability Bill adds a new section 22-1005 to the administrative code of the City of New...more

Cole Schotz

New York Court Deems A Yellowstone Application Essential

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From the start of the unprecedented closure of the New York State Courts to new, “non-essential” filings until yesterday, commercial tenants had no remedy against a landlord seeking to terminate a lease as a result of a...more

Jaburg Wilk

What Happens to the Other Tenants when the Anchor Tenant Leaves the Mall?

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When a commercial tenant leases space in a shopping center or mall, a primary consideration for the tenant is the expected benefit to their business of the foot traffic from the customers that will be attracted to the other...more

NAM (National Arbitration and Mediation)

The Neutral Facilitator - The Solution For Equitable and Fair Resolutions During Troubling Times

What Day is it?  Is it Tuesday?   No, It's Sunday. How was I able to solve this conundrum?   A question many of us have asked ourselves when all structure seems to have gone out of our lives in the last few weeks, so we...more

Greenberg Glusker LLP

Real Estate Implications of the CARES Act

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While the federal government’s recently-enacted $2 trillion-dollar stimulus package under the CARES Act provides direct relief to individuals, multi-family borrowers with federally-backed mortgages, and various hard-hit...more

White & Case LLP

Czech Responses to COVID-19

White & Case LLP on

The goal of the Prague COVID-19 Task Force is to regularly update our clients on actual and prospective developments in their markets consequent on the pandemic, primarily from a Czech perspective but also across the region. ...more

Bass, Berry & Sims PLC

Impact of COVID-19 on the Restaurant & Hospitality Industry

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The impact currently being felt by businesses in the restaurant and hospitality industries as a result of the COVID-19 pandemic and, more directly, the rapidly expanding social distancing requirements and travel limitations,...more

BCLP

Covid-19: England - Should restaurants, bars & pubs close or regear as takeaways what are the implications for landlords and...

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We have had a number of landlord and tenant clients reaching out to us requesting guidance on the consequences of the current Covid-19 outbreak and the announcement that cafés, bars, restaurants and pubs need to close, hot on...more

McGlinchey Stafford

What Should Landlords and Tenants be Doing in the Face of the COVID-19 Pandemic?

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Health and Safety First - This cannot be more obvious. The health and safety of employees, tenants, their employees, and guests is first and foremost. Review Your Leases - Maintenance and Cleaning - Review your...more

Rosenberg Martin Greenberg LLP

How Does the Pandemic Alter Your Lease Obligations?

How Does the Pandemic Alter Your Lease Obligations? Given the current circumstances arising from the COVID-19 pandemic and associated government-ordered closures, landlords and tenants both must analyze how their leases and...more

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