This article appeared in Commercial Leasing Law & Strategy, your monthly source for practical, must-have information on the business and legal aspects of commercial leases.
Under the current circumstances, with most businesses required to be closed, the question arises as to what a commercial tenant’s obligations are under the lease for its premises, most particularly with respect to rent. Can the tenant be relieved of, or does it have a defense to, the obligation to continue to pay rent? The short answer is possibly yes, but the situation is unprecedented and the answer may have to be determined in litigation.
Force Majeure
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