News & Analysis as of

Landlords Breach of Contract Commercial Tenants

Stark & Stark

Tenant Abandonment of Property at Leased Premises in New Jersey

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What Rights and Remedies Does a Landlord Have Against the Tenant or Secured Creditors? Although not ideal, most every landlord has experienced a commercial tenants to sometimes ceasing business operations and handing over...more

Stark & Stark

5 Issues for Landlords During a Bankruptcy Lease Rejection

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When a commercial tenant files for bankruptcy, they have the option to assume or reject unexpired leases. A bankruptcy lease rejection is a significant action, as it communicates the debtor’s intent to hand back the space....more

Holland & Knight LLP

The Real Estate and Corporate Restructuring Connection, Plus Retail Restructuring Trends

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The transition to online shopping, interest rate increases, labor costs, maturing debt and rising inflation have collectively taken a significant toll on the retail industry, contributing to store closures and a growing...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

Winthrop & Weinstine, P.A.

No Refuge in Impossibility or Frustration of Purpose for Commercial Tenants, Says Minnesota Court of Appeals

The struggles of commercial tenants due to the COVID-19 pandemic are as widespread as they will be long-lasting.  From closures to strict regulations that have greatly disrupted normal operations, businesses are facing...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

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

Farella Braun + Martel LLP

What to Do When Commercial Leases End Up in Bankruptcy

The COVID-19 pandemic is forcing many businesses to close, leaving landlords in the lurch. The COVID-19 pandemic continues to shake up the nation’s economy. Long-standing companies such as JC Penney, J. Crew, Neiman...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

Seyfarth Shaw LLP

Latest Decisions on Force Majeure in the COVID-19 Context

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As discussed in previous updates, COVID-19 has brought the concept of force majeure to the forefront across multiple practice areas. As the pandemic-caused shutdowns began, scholars and businesses alike re-examined the...more

Pillsbury Winthrop Shaw Pittman LLP

Tour de Force: Force Majeure Litigation Continues in the Travel and Commercial Real Estate Industries

While COVID-19 has steadily increased the amount of force majeure litigation, certain industries—such as travel and real estate—have seen a disproportionate number of cases filed. The aviation and commercial real estate...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

Blake, Cassels & Graydon LLP

Blakes Continuity Podcast: Litigation Fever – Part I: What Lies Ahead?

The coronavirus pandemic is pushing the litigation envelope to new and often unexpected heights. From force majeure and landlord-tenant agreements to mounting class-action lawsuits, our lawyers Matthew Liben and Robin...more

BCLP

Asset management in England and Wales: using a court claim to recover rent arrears for business premises

BCLP on

How can a court claim help a landlord get the rent paid ? A court claim can be an effective way to claim rent arrears from a tenant of business premises....more

Tucker Arensberg, P.C.

The Impact of COVID-19 on Commercial Leases

Tucker Arensberg, P.C. on

The economic fallout from the COVID-19 pandemic has caused commercial landlord and tenants to grapple with difficult business decisions and legal questions concerning their relationship. Currently, Pennsylvania landlords have...more

White & Case LLP

Czech Responses to COVID-19

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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

Nelson Mullins Riley & Scarborough LLP

Restructuring Commercial Real Estate Leases in the COVID-19 Era

We are currently at the forefront of an economic downturn driven by conditions that none of us have experienced in our lifetimes. Unlike the “great recession” of 2008-2012 which was triggered by a systemic financial collapse,...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

BCLP

U.S. COVID-19: Commercial Leases - Rent Obligations in the United States

BCLP on

While it is true that a number of States and local municipalities have stopped all eviction proceedings and many courts are currently closed, the issue of rent remains front and center between landlords and tenants. The...more

Fox Rothschild LLP

Rent And Mortgage Payments In The Time of COVID-19

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The COVID-19 epidemic presents significant challenges to the commercial real estate market in the United States. As governors impose shutdown orders and Americans are told to shelter-in-place, commercial offices and retail...more

Seyfarth Shaw LLP

10 Considerations for Landlords During the Coronavirus Crisis

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Disruptions from the coronavirus (COVID-19) pandemic will have a lasting impact on industries worldwide. Commercial real estate landlords and tenants are being forced to make difficult decisions to adapt to these sudden...more

Seyfarth Shaw LLP

Difficult Leasing Decisions for Tenants During the Coronavirus Crisis

Seyfarth Shaw LLP on

Disruptions from the coronavirus (COVID-19) pandemic will have a lasting impact on industries worldwide. Commercial real estate tenants are being forced to make difficult decisions to adapt to these sudden changes, especially...more

Akerman LLP

COVID-19 Impact On Commercial Leases In New York

Akerman LLP on

The COVID-19 pandemic and the United States’ efforts to “flatten the curve” and slow the spread of the disease present considerable issues for commercial tenants and landlords. For instance, the Governors of New York, New...more

Bass, Berry & Sims PLC

Five Things Landlords Need to Prepare for COVID-19’s Impact on Retail/Commercial Tenants

Bass, Berry & Sims PLC on

For many commercial landlords, the calls for help from tenants began late last week as state and local governments rolled out measures to prevent the spread of the novel coronavirus (COVID-19). As social distancing becomes...more

Greenberg Glusker LLP

Force Majeure and the Coronavirus

Greenberg Glusker LLP on

Governor Gavin Newsom and Los Angeles Mayor Eric Garcetti have recently ordered the limiting of public gatherings and the closing of all gyms, bars, wineries, breweries, and restaurants (other than take-out and delivery). The...more

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