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New Strategies for Renegotiating Office Leases Post-COVID

By David Leffler and David Jacoby
July 01, 2020

During COVID-19, industries, business models and interpersonal rules all have shifted dramatically, thrusting a knife into the hearts of many businesses. Those businesses often have leases for office or retail spaces which were a valuable part of their business model in a pre-pandemic environment, but now, suddenly, these leases are burdensome and unusable.

We believe that current circumstances present an opportunity for tenants to use new strategies to renegotiate or even terminate leases. This article looks at conventional legal strategies that may provide grounds for lease termination before turning to consider another, third, approach. We begin with a look at conventional legal strategies that may provide grounds for lease termination before turning to consider another approach.

The First Ground: Contractual Law

As always in a contract context, inquiry starts with the agreement's language. Two frequently occurring lease provisions address force majeure and quiet enjoyment.

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