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Rent Business Interruption

Rosenberg Martin Greenberg LLP

Maryland Appellate Court Addresses Obligation of Tenant Shut Down By COVID Order To Pay Rent

Nearly four years after the depths of the COVID-19 pandemic, issues concerning the legal consequences of executive and legislative orders shutting down business operations are still working their way through appellate courts...more

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

Haight Brown & Bonesteel LLP

To pay or not to pay: knowing when you can and can’t rely on a Force Majeure

What is one way to prepare for the unexpected? A force majeure clause. The COVID-19 pandemic is the latest historical event that could neither be anticipated nor controlled by contracting parties at the time of contracting....more

Katten Muchin Rosenman LLP

Commercial Landlords v. Tenants: Let Battle Recommence

Key Points - - An arbitration scheme for commercial landlords and tenants was introduced during March 2022 under the Commercial Rent (Coronavirus) Act 2022 with the aim of resolving disputes over outstanding rent arrears...more

Tucker Arensberg, P.C.

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

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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

Latham & Watkins LLP

“Ki(c)k“ boxing between tenants and landlords on rent payment obligations during Covid-related business closures continues even...

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This week, the Federal Court of Justice (BGH) issued its eagerly awaited judgment on rent payment obligations during COVID-related business closures. The judgment eases, at least in part, landlords and tenants’ uncertainty...more

Hogan Lovells

Die BGH-Entscheidung ist gefallen …

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Dieser Beitrag kommentiert die jüngste Rechtsprechung des BGH zum Thema pandemiebedingte behördlich angeordnete Betriebsschließungen und deren Auswirkungen auf die Mietzinszahlungspflicht von Gewerbemietern....more

Hogan Lovells

Mündliche Verhandlung des BGH zur Störung der Geschäftsgrundlage (§ 313 Abs. 1 BGB)

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Zusammenfassung der bisher ergangenen Rechtsprechung zu § 313 Abs. 1 BGB Es wird spannend… anstehende mündliche Verhandlung des BGH zur Störung der Geschäftsgrundlage (§ 313 Abs. 1 BGB) im Zusammenhang mit der Covid-19...more

Hogan Lovells

UK COVID-19 rent arrears: a further court case clarifying the position on commercial rent arrears

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A further judgment has been handed down in respect of COVID-19 rent arrears.  Implied terms, failure of consideration and set-off, were all cited as reasons why the tenant ought not to pay its rent during periods of...more

Cadwalader, Wickersham & Taft LLP

See You in September August 2021 - There Was No 'Gap' in the Lease Language: COVID Is Not a Casualty

On June 29, 2021, in The Gap, Inc. v. 170 Broadway Retail Owner, LLC, the New York Appellate Division, First Department, overturned an earlier decision by the New York Supreme Court and issued a decisive victory to commercial...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

Hogan Lovells

UK COVID-19 Arrears: Guidance for landlords and tenants on the further extension to the forfeiture moratorium

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The moratorium on landlords evicting commercial tenants has been extended by a longer period than many had expected, to March 2022.  Landlords and tenants will also be compelled to enter into arbitration proceedings if they...more

Hogan Lovells

UK commercial landlords and tenants: Government says your views will shape the road out of Covid-19

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30 June 2021 will be a date no doubt circled on many calendars as being the date when landlords in England currently expect to be able to reassert some control following the end of the “temporary” measures proposed and...more

Holland & Knight LLP

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

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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

Weintraub Tobin

The Importance Of Lease Drafting: Lease Language Takes Center Stage In “Cinemex”

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When in the throes of protracted lease negotiations, frustrated clients often ask me whether a proposed term is truly necessary to the contemplated transaction. Most clients start these discussions with the goal of achieving...more

Holland & Knight LLP

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

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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

BCLP

Briefcase Quarterly Update: Key Real Estate Cases - March 2021

BCLP on

The Financial Conduct Authority v Arch Insurance (UK) Ltd and others [2021] UKSC 1 - What was it about? ..The Supreme Court gave its view on various business interruption insurance policy clauses. ..The case was...more

Pillsbury Winthrop Shaw Pittman LLP

Tour de Force: Evolving Force Majeure Considerations One Year into the Pandemic

As the pandemic has evolved, so too has the number and complexity of the questions arising in force majeure disputes. Regardless of whether a party is seeking to invoke, or defend against invocation of, a force majeure...more

Lowndes

COVID-19-Related Lease Modifications Raise New Issues of Liability for Unpaid Rent

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As pandemic-related shutdowns battered the retail and restaurant industry, many tenants avoided defaulting on their leases by negotiating a lease workout. These agreements often provided tenants some much-needed rent relief...more

Patterson Belknap Webb & Tyler LLP

Commercial Division Dismisses Commercial Tenant’s Complaint Seeking to Rescind or Terminate Lease and Avoid Rent Obligations

Recently, in Valentino U.S.A., Inc. v. 693 Fifth Owner LLC, Justice Andrew Borrok of the New York County Commercial Division dismissed a complaint brought by Valentino U.S.A., Inc. (“Valentino” or “Tenant”), which sought to...more

Holland & Knight LLP

Look for More Landlord Protections in Retail Deferral Agreements and Extensions

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In April and May of 2020, the unprecedented challenges resulting from the COVID-19 pandemic and the related mandatory closures and restrictions on operations began to be felt by retail tenants across the United States. As a...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

Goulston & Storrs PC

Law of the Land – Real Estate Litigation Newsletter - February 2021, Volume 1, Issue VI

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CASES OF NOTE THE SECRET'S OUT Victoria’s Secret Stores, LLC v. Herald Store Owner LLC, 70 Misc. 3d 1206(A) (N.Y. Sup. Ct. Jan. 7, 2021) A New York court recently held that a retailer’s closure due to a state law imposed...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 Crisis and Lease Law in Germany

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The Corona Crisis has hit the real estate market in general, but in particular it is impacting the retail and hospitality sectors. The scale and business relevance of the Corona Crisis is somehow unprecedented, and therefore...more

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