News & Analysis as of

Tenants Force Majeure Clause

Arnall Golden Gregory LLP

Boilerplate is Not Boring: Why Boilerplate Lease Clauses Matter

You’re familiar with the boilerplate provisions, often under “Miscellaneous” at the end of a lease. Despite their B-side placement within the lease, these clauses can contain key lease terms. From integration and force...more

Ward and Smith, P.A.

Bankruptcy Destroyed My Perfect (Landlord-Tenant) Relationship!

Ward and Smith, P.A. on

February brings us Valentine's Day, and we bring you a tale as old as time. Two people meet, maybe online, maybe at a Chamber of Commerce mixer, maybe over lunch arranged by a broker.  They hit it off and commit to a...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

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

Lowndes

What Landlords and Tenants Need to Know This Hurricane Season

Lowndes on

This year, forecasters at the National Oceanic and Atmospheric Administration correctly predicted another above-average Atlantic hurricane season, which runs June 1 through November 30. With Hurricane Ida leaving devastation...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

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

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

Buchalter

Buchalter COVID-19 Client Alert: Chuck E. Cheese: The Mouse Who Didn’t Get the (Rent Relief) Cheese

Buchalter on

In a small victory for landlords of bankrupt tenants, the Bankruptcy Court for the Southern District of Texas has ruled that the Chuck E. Cheese parent company may not use its bankruptcy filing to avoid paying its rent. ...more

Shutts & Bowen LLP

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

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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

Weintraub Tobin

Recent Case Confirms Need For Landlords And Tenants To Address Force Majeure And COVID-19 In All Current And Future Agreements

Weintraub Tobin on

While the effects of the COVID-19 health crisis have impacted daily life for months, the legal implications of this pandemic are just starting to develop. Unforeseen conditions often wreak havoc on existing contractual...more

Lowndes

Lease Tune-ups

Lowndes on

During this age of pandemic, lease modifications are going to be abundant. The silver lining to that necessity is that like renewals or assignments, they offer an opportunity to review the lease provisions and correct any...more

Brownstein Hyatt Farber Schreck

Key Issues to Consider as Businesses Continue to Navigate the Pandemic

As the pandemic continues with no clear resolution on the horizon, businesses must continue to revamp and reinvent their day-to-day operations to comply not only with a wide variety of new regulations, but also legal...more

Farella Braun + Martel LLP

[Webinar] Real Estate Webinar Series - Dispute Resolution - September 1st - 3rd, 3:00 pm - 4:00 pm PT

As businesses in the real estate industry grapple with the fallout of the coronavirus pandemic, disputes are on the rise. Understanding your contractual rights early on can help you minimize your litigation risks and exposure...more

Brooks Pierce

COVID’s Lasting Impacts on Construction and Real Estate Trends

Brooks Pierce on

The COVID-19 pandemic is impacting every facet of the economy, including commercial construction and real estate. While the depth of some of the impacts may not be known for months, if not years, there are several emerging...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

Kelley Drye & Warren LLP

COVID-19 Lease Provisions

In the wake of COVID-19, commercial landlords are facing unprecedented challenges as they strive to mitigate new risks while maintaining the rapport they have built in their professional communities and with their tenants. ...more

Baker Donelson

Force Majeure Clause May Excuse Debtor's Payment of Postpetition Rent in Bankruptcy

Baker Donelson on

To curtail the spread of COVID-19, states and local governments have implemented a tidal wave of restrictions including mandatory stay home orders, closures of "nonessential" businesses, as well as occupancy regulations. ...more

Ward and Smith, P.A.

Leases, Bankruptcy, and Coronavirus: Force Majeure Edition

Ward and Smith, P.A. on

Many businesses in bankruptcy or heading that way – particularly retail establishments – face an uncertain future as states and cities impose closures and phased re-openings. If you lease your office, storefront, or...more

McCarter & English, LLP

Ten Key Leasing Considerations Resulting From The COVID-19 Pandemic

As businesses adjust to the complications presented by the COVID-19 pandemic, landlords and tenants must now take even greater care when entering into leases. Tenants may demand greater flexibility in leases should a public...more

Herbert Smith Freehills Kramer

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

McDermott Will & Emery

COVID-19 UK Lockdown – A Time to Consolidate, Update and Innovate

McDermott Will & Emery on

The requirement to stay at home is giving many of us the opportunity to undertake (or no excuse to ignore) the household and DIY tasks at home that have long been at the bottom of the to-do list. Similarly, directors,...more

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