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Lease Provisions that Should be Re-Evaluated in a Post-COVID World – Part I [Lowndes Leasing Lawyers]

September 24, 2020

In part one of this two-part series, attorneys Andrew Gluck and Nicole Cuccaro discuss common post-COVID lease considerations, including force majeure, continuous use and quiet enjoyment.


Almost six months into the COVID-19 global pandemic, it is apparent that the commercial leasing landscape has changed indefinitely. Going forward, landlords and tenants will need to re-evaluate certain common lease provisions to adapt to the new reality created by COVID.

Force Majeure

The first, and perhaps the most discussed provision since March, is the force majeure provision. For the most part, while landlords and tenants have agreed to add COVID and pandemics generally as a force majeure event, landlords have continued to carve out a tenant’s monetary obligations from the force majeure provision. [...]

This is an excerpt from a blog post originally written on Lowndes Leasing Lawyers. To read the entire post, click here.


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Andrew

Andrew Gluck focuses on real estate transactions, development, finance and commercial leasing work in the retail industry, among others. He provides his clients with technical and practical advice in connection with the acquisition, sale and leasing of commercial real estate of all types, including vacant land, shopping centers, entertainment complexes, office buildings, restaurants, hotels, and other retail projects.

In his practice, Andrew regularly assists clients in negotiating contracts for purchase and sale, performing due diligence, negotiating transfer documents and finalizing the closing of transactions. He has extensive experience handling the acquisitions and dispositions of large, multi-site portfolios throughout the United States.

An Ohio native, Andrew has lived in Orlando since 2007 and is committed to serving the community that has become his adopted hometown. Recognized with the Leadership Award by The Roth Family Jewish Community Center of Greater Orlando, his community involvement includes service on the boards of several organizations, including Boys and Girls Clubs of Central Florida, Jewish National Fund Orlando, Shalom Orlando and The Roth Family JCC. 

Nicole

Nicole Cuccaro concentrates her practice on real estate transactions, real estate development and commercial leasing. She assists a wide range of clients with the acquisition, disposition, leasing and financing of commercial real estate in the retail and hospitality industries.

Before she focusing her practice in the area of real estate law, Nicole handled a variety of commercial and corporate litigation matters and regularly represented lenders and business entities.

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