This article appeared in Commercial Leasing Law & Strategy, your monthly source for practical, must-have information on the business and legal aspects of commercial leases.
Under the current circumstances, with most businesses required to be closed, the question arises as to what a commercial tenant’s obligations are under the lease for its premises, most particularly with respect to rent. Can the tenant be relieved of, or does it have a defense to, the obligation to continue to pay rent? The short answer is possibly yes, but the situation is unprecedented and the answer may have to be determined in litigation.
