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  COVID-19 Related Governmental Shut Down Order Triggers Force Majeure Provision In Restaurant Leases

  By Marisa L. Byram

  As we all expected, cases are being brought and decided on the issue of whether the COVID-19 pandemic and related governmental shut down orders trigger force majeure clauses in commercial leases and operate to excuse the performance of commercial tenants. While force majeure clauses vary widely, a recent decision from an Illinois Bankruptcy Court may provide guidance to help resolve disputes without resorting to the courts.

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  NYC Law Providing Relief for Commercial Tenants Faces Constitutional Scrutiny

  By Ian Steinberg

  New York City Mayor Bill de Blasio delivered another striking blow to property owners when he signed into law N.Y.C. Council Int. No. 1932-A (2020) on May 26, 2020. The new legislation prohibits landlords from enforcing personal guaranties on certain commercial leases for defaults occurring between March 7, 2020 and Sept. 30, 2020.

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  New York’s Commercial Lease Defenses to Paying Rent

  By Adam Leitman Bailey and Dov Treiman

  Not including what may have been negotiated in a commercial lease, there are three traditional theories under which commercial tenants could seek to assert entitlement to forgiveness of their rent: frustration of purpose, impossibility of performance, and force majeure.

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  Commercial Real Estate Market Lags Behind Residential Rebound

  By Phillip Bantz

  National Association of Realtors Survey Shows Most Commercial Tenants Struggling to Pay Rent

  While the residential real estate market is experiencing what appears to be a swift rebound from the coronavirus-induced slump, the commercial landscape still looks relatively bleak.

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