Legal news

Pandemic Does Not Satisfy Lease’s Casualty Clause Court Finds

One year into the pandemic, courts have almost uniformly discovered that COVID-19 doesn’t permit commercial tenants to avoid their lease payment obligations. In cases like this, the court continued this trend, judgment that the pandemic was not a”casualty” that permits a tenant to abate its lease payments or cancel its rent. Authors Patrick J. Potter, Christian A. Buerger, Hugh M. McDonald, Patrick E. Fitzmaurice, and Jonathan Doolittle talk about a new case from the Southern District of New York that expands the trend of courts enforcing rentals against tenants forced to close because of the impact of the COVID-19 outbreak in”Court Finds Pandemic Does Not violate Lease’s Casualty Clause.”