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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 M. Gluck — Shareholder

Andrew Gluck focuses on real estate transactions, development, finance and commercial leasing work in the retail industry, among others.

Andrew provides technical and practical advice to clients 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. He assists clients in negotiating contracts for purchase and sale, performing due diligence, negotiating transfer documents and finalizing the closing of transactions.

Andrew has worked on several notable projects, including the acquisition and leasing of a 178-site restaurant portfolio with a purchase price in excess of $245,000,000.00, the acquisition of a four hotel portfolio with a purchase price in excess of $80,000,000.00 and the acquisition and leasing of a 143-site retail portfolio with a purchase price of $240,000,000.00, just to name a few.

As an Ohio native, Andrew has made his home in Orlando since 2007. He is married and resides with his wife and two children in Longwood.

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Nicole E. Cuccaro — Associate

Nicole Cuccaro focuses her practice on real estate transactions, real estate development and commercial leasing.

Nicole's practice includes the acquisition, disposition, leasing and financing of commercial real estate in the retail and hospitality industries. Before she began her career in real estate law, her practice was focused on commercial and corporate litigation where she regularly represented lenders and business entities.