NAVIGATING THROUGH landlord/tenant Law
The ongoing COVID-19 pandemic is especially difficult on commercial landlords and tenants as both navigate government mandated closures and social distancing. Many tenants are shutting down their operations and either ceasing rent payments or requesting rent relief. The issue of rent payment should be addressed immediately, whether you are a landlord or a tenant, and both should be taking appropriate steps to preserve their rights. Ensuring timely compliance with the notice provisions of your lease is essential for both landlords and tenants. Your failure to act today could jeopardize your ability to defend or prosecute subsequent litigation.
Every lease is different, and few if any leases will have detailed provisions regarding the rights and obligations of the parties during a pandemic. Terms of the lease that seem simple and straight forward are often mired in nuance. For example, If you are a tenant, what rights do you have under a standard ‘force majeure’ clause? If there is a guarantor on your lease, can you do a workout without their consent? Can you argue impossibility and frustration of performance to terminate the lease? If you are a landlord and want to do a workout with your tenant, can you do so without being in violation of your mortgage? Is sending a demand letter for rent a violation of the latest government regulations? Can you require the tenant to seek insurance claims and available government backed loans before they can invoke a ‘force majeure’ clause. These are but a few of the myriad questions that will inevitably arise as businesses adjusts to social distancing.
We strongly recommend you seek the assistance of an experienced attorney to provide you options and guidance on how best to handle your commercial leases and navigate the ongoing state of emergency. SLG represents both commercial tenants and landlords and is available to set up a telephonic or video consultation. SLG will continue to stay apprised of federal, local, and state regulations and legislation related to commercial leases and is here to assist.
Contact Storey Law Group, P.A.
If you need assistance with drafting or reviewing a commercial real estate lease, contact with an attorney at Storey Law Group, P.A. With offices conveniently located in Orlando, Florida, we are able to serve the entire Central Florida region. Contact us at to discuss your commercial real estate issues with an experienced attorney or get started now by using our online contact form.