News & Analysis as of

Business Interruption Tenants

Weintraub Tobin

Mitigating Losses When Disaster Strikes: How Casualty Provisions Help Protect Tenants and Landlords

Weintraub Tobin on

It has now been just over a month since multiple wildfires erupted throughout the Greater Los Angeles area, bringing widespread devastation to the highly populated area in an event that could end up being the costliest...more

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

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

Holland & Knight LLP

The Ongoing Effects of COVID-19 in Landlord-Tenant Law

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New York City enacted Administrative Code Section 22-1005, known as the "Guaranty Law" prohibiting enforcement of personal guaranties supporting commercial leases, in May 2020. The law applies to defaults that occurred...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

JAMS

Business Interruption and the Impact on Real Estate

JAMS on

COVID-19 has had an enormous impact on businesses of all kinds. But organizations in the real estate sector—both commercial and residential—have been hit particularly hard. The fallout from the pandemic has sparked numerous...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

Bond Schoeneck & King PLLC

COVID-19 in the Workplace - PPP Update, COVID Plans from the Biden Transition Team, Higher Education Relief Package Provision,...

In these sessions, we not only summarize the week’s latest federal and state guidance, we will also offer insights on: - All aspects of employment law compliance - Paycheck Protection Program, tax credits and other economic...more

McDermott Will & Emery

Update Mietrecht: Einführung einer gesetzlichen Vermutung zur Störung der Geschäftsgrundlage - McDermott Will & Emery

McDermott Will & Emery on

Nach dem Beschluss der „Telefonkonferenz der Bundeskanzlerin mit den Regierungschefinnen und Regierungschefs der Länder“ vom 13. Dezember 2020 zur Einführung eines bundesweiten „harten“ Lockdowns soll für Gewerbemiet- und...more

Shutts & Bowen LLP

What to Expect Next in the Post COVID-19 Real Estate Market

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The pandemic has significantly impacted the real estate sector. With a surge in the number of employees who work from home, the demand for office space has softened. At the same time, growth in e-commerce has exploded,...more

Morrison & Foerster LLP

COVID 19 – Business Interruption Insurance Test Case

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The High Court’s recent judgment[1] in a test case brought by the Financial Conduct Authority (“FCA”) in relation to certain non-damage business interruption (“BI”) insurance policies found that most (but not all) of the...more

Lowndes

Lease Provisions that Should be Re-Evaluated in a Post-COVID World – Part II: Maintenance Obligations, Assignment/Subletting,...

Lowndes on

In Part I of this series, we discussed how COVID-19 had impacted almost every provision of a commercial lease, including the covenant of quiet enjoyment, continuous use provisions and force majeure clauses, among others....more

Shutts & Bowen LLP

10 Questions Your Litigator May Ask about Your Post-Covid Commercial Lease

Shutts & Bowen LLP on

Much has been written about commercial real estate in a post-Covid world. As real estate users consider how Covid will change their space needs, they should also consider what provisions will serve them in future...more

Spilman Thomas & Battle, PLLC

COVID-19 and Unprecedented: Litigation Insights - Issue 20, August 2020

This 20th edition of Unprecedented, our weekly update on COVID-19-related litigation, finds both plaintiffs and defendants with reasons to celebrate. Insurance carriers avoided consolidation of coverage disputes in...more

Lowenstein Sandler LLP

Why The Federal Government Should Act To Create A New Action Insurance Program

Lowenstein Sandler LLP on

In the midst of the COVID-19 pandemic and public health crisis, landlords and tenants alike found themselves in a most precarious position: state and municipal governments across the country restricted access to offices and...more

BakerHostetler

New York City Bars Enforcement of Personal Guaranties in Commercial Leases of COVID-19-Impacted Tenants

BakerHostetler on

On May 26, Mayor Bill de Blasio signed New York City Administrative Code Section 22-1005 into law. The new law prohibits the enforcement of personal liability provisions in commercial leases or rental agreements involving...more

Mintz - Real Estate, Construction &...

Part Two: To Pay, or Not to Pay (Rent) – California Landlord-Tenant Regulations During COVID-19

COVID-19 has flipped the landlord-tenant relationship on its head. Although evictions and recovering possession are off the table for now, landlords are eventually entitled to their full rent payments and are not necessarily...more

Fox Rothschild LLP

Pennsylvania Landlord Rights And Remedies For Tenant Defaults During COVID-19

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With social distancing and mandatory closures, COVID-19 has caused a tremendous impact on businesses. Many commercial tenants have failed to pay April or May rent and some tenants are looking for rent abatements, rent...more

Mintz - Real Estate, Construction &...

Commercial Leases in the Age of COVID-19 - A Menu of Options for Landlords and Tenants

The interruption to business-as-usual in the commercial real estate industry brought about by the COVID-19 pandemic has been unprecedented and, while hopefully only temporary, the full extent of the impact may not be entirely...more

Mintz - Real Estate, Construction &...

Commercial Leases in the Age of COVID-19 - A Menu of Options for Landlords and Tenants - Part II

Practical Challenges. In part one of our two part series we discussed a number of the menu options that may be available to commercial landlords and tenants to help them protect their businesses during the COVID-19 pandemic,...more

Seyfarth Shaw LLP

Proposed Rent Suspension Laws in New York, Other Potential Relief for New York Landlords and Possible Constitutional Challenges

Seyfarth Shaw LLP on

As discussed in our prior update, the New York Legislature is considering a pair of bills that would waive rent payments for a period of 90-days for those residential tenants that have lost their jobs or small business...more

Seyfarth Shaw LLP

Commercial Landlord Guidance: Should You Take the Temperature of Your Tenants?

Seyfarth Shaw LLP on

The coronavirus (COVID-19) pandemic has given rise to a bevy of questions for commercial landlords. As today’s workplaces have rapidly changed over the last several weeks, many landlords have been left wondering how they...more

Hogan Lovells

90% Rent Reduction for Tenants in Shopping Centers? - Poland

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The Polish government has submitted an amendment to the Law on Special Measures for COVID-19 and Crisis Prevention which, among other things, stipulates a temporary 90% rent reduction for most tenants in shopping centers. ...more

Hogan Lovells

COVID-19 UK: Landlord and tenant insurance issues

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As the COVID-19 pandemic spreads across the globe, so does uncertainty. Landlords and tenants are facing unprecedented impacts on their businesses, and it is no surprise in this environment that both parties are looking to...more

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