News & Analysis as of

Frustration of a Common Purpose Coronavirus/COVID-19 Tenants

Freiberger Haber LLP

The First Department Dismisses COVID-19 Based Frustration of Purpose and Impossibility Related Defenses In Rent Arrears Action

Freiberger Haber LLP on

Among the problems resulting from COVID-19, is the pandemic’s effect on business. Numerous businesses were forced to close due to lock downs and supply chain issues. The economic slowdowns and business closures caused by...more

Hogan Lovells

COVID-19 – New Higher Regional Court rulings on the obligation to pay rent during the first lockdown

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In February 2021, three Higher Regional Courts had to deal with the question of whether and on what legal basis the rents agreed in individual cases are to be temporarily reduced due to the official closure orders during the...more

Farrell Fritz, P.C.

The Secret’s Out: COVID-19 May Not Excuse Commercial Rent Obligations

Farrell Fritz, P.C. on

The lingerie brand Victoria’s Secret (“VS”) has struggled in recent years. VS’ overtly sexy aesthetic has failed to keep up with shifting consumer tastes towards comfort and gender and size inclusivity....more

Moritt Hock & Hamroff LLP

No Get Out Of Jail Free Card: Courts Less Than Receptive To Force Majeure, Impossibility, and Other Defenses

The increase in loan and lease defaults in the wake of COVID-19 has brought to the forefront numerous legal defenses by borrowers and tenants, such as force majeure, impossibility, and frustration of purpose. Force majeure...more

Seyfarth Shaw LLP

New Court Decisions Analyze How the Pandemic Impacts Private Party Rights

Seyfarth Shaw LLP on

As discussed in our last update, the legal landscape continues rapidly to evolve in response to COVID-19. Six recent decisions, summarized below, highlight the continuing uncertainty as to the application of certain laws and...more

Buchalter

Buchalter COVID-19 Client Alert: Excusing Contractual Performance in Real Estate Agreements in the Age of COVID

Buchalter on

Since the outbreak of the COVID-19 pandemic, local municipalities and state governments throughout the country have implemented stay-at-home orders and mandated closures of businesses and restaurants to lower the spread of...more

Weintraub Tobin

Frustration Of Purpose: How Two WWII-era Cases Provide Guidance Regarding Lease Enforcement During the COVID-19 Health Crisis

Weintraub Tobin on

Unlike the Great Recession in 2008, landlords and tenants responding to the negative economic impact of the COVID-19 health crisis appear to be focusing more on rent relief as opposed to strict interpretation and enforcement....more

Kramer Levin Naftalis & Frankel LLP

Commercial Leases in New York: Enforcement Is on Pause, but Negotiations Should Be Ongoing

New York courts are resuming some operations, but eviction proceedings, including for violations of commercial leases, are still suspended. However, those contracts — and the obligations they created — still exist. ...more

UB Greensfelder LLP

[Webinar] COVID-19 Collision between Landlords and Tenants: Legal Theories and Compromise Strategies - May 20th, 2:00 pm - 3:00 pm...

UB Greensfelder LLP on

As a result of COVID-19, landlords and tenants are coming face-to-face with legal theories that they may never have encountered before, such as force majeure, frustration of purpose, impossibility of performance,...more

Morgan Lewis

Leasing Considerations for Tenants and Landlords During COVID-19 Pandemic

Morgan Lewis on

Tenants and landlords should consider whether certain provisions such as force majeure, frustration of purpose, and/or impracticability of performance can protect them under current leases—and whether to include such...more

Adler Pollock & Sheehan P.C.

Potential Impact Of COVID-19 On Commercial Leases And Options For Landlords And Tenants

As COVID-19 continues to imperil the health of Americans, many state and local leaders have ordered businesses to close or to reduce services. In Rhode Island, for example, Governor Raimondo ordered restaurants to cease...more

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