Landlords and tenants are reviewing their leases and applicable law to determine what relief or defenses tenants’ may have to non-or reduced rent payments. Despite government orders that restricted business at leased properties from operating, leases are at their core contracts that are enforceable against the nonperforming party. The following summarizes the more salient and prominent issues.

Force Majeure (FM)

A relevant and possibly applicable part of a lease is the FM clause. In determining if a FM event has occurred, the test in Florida is whether under particular circumstances, there was a significant interference occurring without the party’s intervention that could not have been prevented by the exercise of prudence, diligence and care. A FM event has to be not reasonably foreseeable in the ordinary course of the industry and beyond the reasonable control of the party invoking it as an excuse for nonperformance.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]