Joining several other state and federal decisions from around the country, the Arizona Court of Appeals ruled that the COVID-19 pandemic and subsequent state restrictions and shutdown orders were not excuses for tenant Fitness International to miss their rent payments to its landlord Vereit Real Estate under its commercial lease.
In an April 11 opinion, Judge Samuel A. Thumma affirmed a lower court’s decision granting the landlords’ motion for summary judgment, after determining the applicable force majeure provisions and common law doctrines the tenants relied on didn’t excuse payment obligations.
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