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How to Protect Yourself When Giving Tenants an Option to Contract

September 18, 2020    

By enabling tenants to surrender part of their space, contraction options can keep tenants viable, out of bankruptcy, and in their leases. This may be the perfect antidote to the staff reductions, stay-at-home orders, and uncertainty over future space needs created by the pandemic.

Rework Lease Notice Provisions for the Pandemic World

August 25, 2020    

By Matthew S. Raczkowski, Esq.

Collecting Post-Petition Rent from Bankrupt Tenants

August 25, 2020    

Now that most states have lifted their moratoria on commercial evictions, tenants strapped by COVID-19 losses are increasingly seeking refuge in bankruptcy courts. But while the automatic stay buys tenants some time to decide whether to reject their lease, tenants in bankruptcy still have to pay...

How to Give Tenants Future Pandemic Rent Relief

July 24, 2020    

ADOPT SEVEN KEY PROTECTIONS IN YOUR LEASES FROM NOW ON.

 

As businesses reopen, landlords and tenants should be thoroughly preparing for the next public health crisis. One key question both sides will have to address in their future leases: To what, if any, kind of rent...

Force Majeure & COVID-19: New Case Offers 4 Key Pointers

July 24, 2020    

Can a tenant who can’t operate due to a COVID-19 public health emergency order rely on the force majeure clause of its lease to forgive its obligation to pay rent?

This has been perhaps the biggest question in all of commercial leasing law ever since the pandemic began. And now...

Get Reopening Tenants to Use 'Contact Logging'

June 17, 2020    

It’s in your interests to ensure tenants maintain social distancing in the leased space.

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10 Key Leasing Lessons from the First Phase of the COVID Crisis

June 17, 2020    

The COVID-19 crisis has forced landlords and tenants around the country to rework their leases. And while the process will continue for months and even years, we’ve reached the point where we can step back and consider the big-picture leasing lessons from the tumultuous months of March,...

Lawscape: State Orders on COVID-19 Body Temperature Screening

June 17, 2020    

As businesses begin to reopen, governors and public health authorities in many states have issued orders requiring employers to perform body temperature screening of employees before the start of work shifts to prevent workplace COVID-19 infection. To determine whether you’re covered by...

Does Tenant's Temporary Loss of Common Area Use Justify Ending the Lease?

June 17, 2020    

What are a landlord’s liability to tenants when it reopens part of the property after a disaster but still has to keep parts of the common areas closed for a while to fix the damage? That timely question is at the center of a recent case.

Dealing with Nonpaying Tenants During Pandemic: The Current State of Eviction Suspensions

May 19, 2020    

How do eviction suspensions impact your legal rights with regard to a tenant in default?

 

Leverage Guarantor's Personal Liability to Get Tenants to Pay Rent Arrears

May 19, 2020    

The months of April and May were a nightmare for rent collections. Things may not improve dramatically in June, July, or August. And with evictions temporarily barred in so many jurisdictions, landlords may feel they have no choice but to put up with tenant defaults and negotiate the best...

Get Eight Protections When Giving Tenants COVID-19 Rent Relief

April 20, 2020    

While each lease is different, COVID-19 generally doesn’t excuse tenants’ duty to pay rent. But, in times of pandemic, having the lease on your side may not count for much. The simple fact is that for many landlords, strict enforcement of lease rent obligations is not a realistic...