News & Analysis as of

Commercial Tenants Force Majeure Clause

Patton Sullivan Brodehl LLP

Court Rejects Commercial Tenant’s Argument for Relief From Rent Due to “Temporary Frustration of Purpose” During Pandemic

Earlier this year, Money and Dirt covered a then recent case, West Pueblo Partners, LLC v. Stone Brewing Co., LLC, which was one of the first California cases dealing with the aftermath of the Covid-19 pandemic and the legal...more

Patton Sullivan Brodehl LLP

Covid-19 Pandemic And Related Closures Do Not Excuse Commercial Tenant’s Failure To Pay Rent

One of the questions in real estate law arising out of the pandemic is what impact the pandemic and related closure orders would have on commercial leases, and in particular a tenant’s obligation to pay rent. Many, if not...more

Burr & Forman

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

Burr & Forman on

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

Dickinson Wright

Attention Commercial Landlords! Tenants Affected by Shutdowns Might Have the Right to Rent-Free Extension Terms

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In recent years, brick-and-mortar businesses faced hardship with government shutdowns forcing them to pay expenses without revenue. Desperate for relief, tenants sought court help but were consistently denied and required to...more

Patterson Belknap Webb & Tyler LLP

Commercial Division Force Majeure Decision Provides A Good Overview of the Law Surrounding Leases and the COVID-19 Pandemic

A few months ago, a Commercial Division court granted summary judgment in favor of the plaintiff-landlord in a case involving a commercial lease for a gym that was closed due to COVID-19 restrictions.  The decision in Amherst...more

Allen Matkins

Top 10 Western Region Commercial Real Estate Trends in Q4 2021

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The annual Allen Matkins View From the Top brings together the top real estate economists, owners, investors, developers, and brokers in Western Region commercial real estate. Now in its 14th year, View From the Top remains a...more

Weintraub Tobin

How New Legislative Policy May Affect COVID-Related Lease Disputes

Weintraub Tobin on

Over the last eighteen months, we have been forced to devote significant resources to interpreting how largely-forgotten legal doctrines apply to real estate contracts in a post-COVID world. These principles, including force...more

Womble Bond Dickinson

Post-COVID Needs: Less Space, Less Cost, Less Lease

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We’ve all taken a few steps forward, professionally, in terms of doing more with less as a result of the COVID-19 pandemic. Work travel? Zoom. Physical office? Home. Commute?...more

Greenberg Glusker LLP

How the Pandemic Has Changed Real Estate Contracts

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While we hope the virus will soon be a thing of the past, some contractual provisions and issues are sure to become part of real estate professionals’ new normal. As a result of lessons learned from the pandemic, most real...more

Patterson Belknap Webb & Tyler LLP

Does the COVID-19 Pandemic and Subsequent Emergency Actions by the Governor Make a Commercial Lease Voidable?

In the wake of the COVID-19 pandemic (“COVID”), a common question that arises is whether commercial leases are enforceable when COVID and subsequent governmental responses frustrate the purpose of the lease or render its...more

Cadwalader, Wickersham & Taft LLP

Summer's Coming, May 2021 | Issue No. 24 - COVID-19 Update: Can't Lose What You Never Had: Court Rejects All Legal Theories...

The United States District Court for the Southern District of New York (the “Court”) decided in Gap Inc. v. Ponte Gadea N.Y. LLC on March 8, 2021 that a retail tenant will not be able to use the COVID-19 pandemic as an excuse...more

Tonkon Torp LLP

How The COVID-19 Pandemic Has Altered Commercial Leasing Forever

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Lately, each day has brought more signs that pandemic restrictions are being loosened and the opportunity for a “return to normal” is growing. But for commercial real estate landlords and tenants, will there be a new normal?...more

Lowndes

Covid’s Lasting Impacts on Commercial Lease Negotiations

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The Covid pandemic will have a lasting impact on lease negotiations from this point. Ty West, senior editor of national content at American City Business Journals, published an interesting article on the topic on May 3, in...more

Holland & Knight LLP

Frustration of Purpose and Impossibility Doctrines in the COVID-19 Era

Holland & Knight LLP on

In a survey of cases in federal, state and bankruptcy courts, commercial tenants seeking to delay or excuse the payment of rent because of pandemic-related downturns in business sometimes looked to the equitable doctrines of...more

Pillsbury Winthrop Shaw Pittman LLP

Court Finds Pandemic Does Not Satisfy Lease’s Casualty Clause

One year into the pandemic, courts have almost uniformly found that COVID-19 does not permit commercial tenants to avoid their rent payment obligations. In this case, the court continued that trend, ruling that the pandemic...more

Buchalter

Buchalter COVID-19 Client Alert: Mind the Gap: No Rent Relief for The Gap in New York

Buchalter on

In one of the latest and most high-profile decisions from across the country relating to commercial tenants’ rent obligations during the COVID-19 pandemic, the United States District Court for the Southern District of New...more

Troutman Pepper

Troutman Pepper COVID-19 Legal Issues Podcast Series: COVID-19 Commercial Leasing Trends (Part Two)

Troutman Pepper on

Please join Troutman Pepper for the second installment of its COVID-19 Commercial Leasing Trends Podcast series on legal and business issues confronted by companies in light of the COVID-19 pandemic. Moderated by Troutman...more

Holland & Knight LLP

Massachusetts Court: Café's Rent Excused by COVID Orders That Frustrated Lease's Sole Purpose

Holland & Knight LLP on

The COVID-19 pandemic has strained commercial landlord-tenant relationships across the United States. As the courts wade their way through the backlog of lawsuits filed in 2020, there are a growing number of decisions...more

Lowndes

New Decision Shows the Importance of Strongly Drafted Force Majeure Provisions

Lowndes on

Over the course of the last year, commercial landlords have become intimately familiar with the legal principles wielded by tenants to excuse the payment of rent. ...more

Hogan Lovells

Hotel contracts - Deferred or suspended rent due to Corona

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Does the owner bear the risk in case of bankruptcy? Due to the tense situation in the hotel industry, various lessees are currently approaching their lessors asking for deferral or abatement of rent payments for the...more

Hogan Lovells

Corona virus as a force majeure event in hotel lease agreements

Hogan Lovells on

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

Pillsbury Winthrop Shaw Pittman LLP

Tour de Force: Contract Terminations Due to COVID-19-Based Force Majeure – Natural Disasters

A recent decision from the Southern District of New York may pave the way for broader excuse of performance in COVID-19 force majeure litigation after finding the pandemic is a “natural disaster” that is beyond the parties’...more

Carlton Fields

Retail Tenants – COVID-19 Implications for the Landlord/Tenant Relationship

Carlton Fields on

Among the businesses most adversely affected by the COVID-19 pandemic are many retail tenants that have had to close for significant periods and have experienced a significant decline in customer traffic. At the same time,...more

Bowditch & Dewey

Delaying the Inevitable? Pier 1, Chuck E. Cheese, and Rent Abatement in Bankruptcy

Bowditch & Dewey on

The coronavirus pandemic has been particularly cruel to brick-and-mortar retail establishments. As rising infection rates force municipalities to roll back reopening plans, retail and hospitality businesses that rely on...more

Troutman Pepper

COVID-19 Commercial Leasing Trends (Part One)

Troutman Pepper on

Troutman Pepper COVID-19 Legal Issues Podcast Series Troutman Pepper is producing a series of podcasts on legal and business issues faced by companies during the COVID-19 pandemic. This episode features Troutman Pepper...more

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