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.
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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