As the world continues to deal with the peak of the COVID-19 pandemic, focus is slowly beginning to shift to the process of "reopening" the country. While the pandemic has already presented unprecedented challenges, the reopening will come with its own set of challenges and obstacles. Counsel representing commercial landlords and tenants should begin guiding their clients as the return approaches.

Safety and Care

First and foremost on everyone's mind is the safety and health of our communities. Both landlords and tenants must be mindful as to the duties and obligations to their employees, agents, and customers, both generally and under their leases.

Most commercial leases require tenants and, in some cases, landlords, to comply with all applicable laws. There is no shortage of guidance from the Centers for Disease Control and Prevention and the local, state and federal government regarding appropriate measures in addressing COVID-19 at a commercial property. Parties to a lease should understand their obligations and confirm each party's respective responsibilities. Though CDC guidelines are mostly advisory, parties should review their leases to determine whether the CDC guidelines might fall under a tenant's obligation to comply with all applicable laws. For instance, in Pennsylvania, the Secretary of the Department of Health issued an order on April 15, which specifically incorporated certain CDC guidelines. As such, this would likely fall under the purview of a compliance with laws provision. If it does, the tenant's failure to do so may constitute a breach of its lease.

These obligations may go beyond cleaning and maintenance. As COVID-19 is better understood, commercial standards may require significant changes to property. For example, HVAC systems may need to be upgraded and space may need to be reconfigured to accommodate social distancing measures.