What You’ll Learn from the Article:

  • The definition and implications of the force majeure clause in commercial leases.
  • Whether COVID-19 qualifies as a force majeure event and how that depends on lease language.
  • The importance of consulting legal experts to interpret your lease's force majeure clause.
  • How landlords may be willing to negotiate rent or lease terms during the COVID-19 crisis.
  • The role of tenant representatives in navigating lease challenges during the pandemic.

With COVID-19 in full bloom across the United States, companies are closed down, revenues are at risk, and the economy is temporarily going through a decline that makes 2008 and even 1929 look like a small interruption. For many businesses, this is worse than anything they've ever seen -- even a natural disaster. Purchases are getting canceled. Plans are delayed. Employees are furloughed. But the rent is still due on the first of the month. Right?
The answer to that question isn't as straightforward as it might seem.  To understand why things are so different in this time of COVID-19, two French words come into play: force majeure.

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