Real Estate Law: Lessons Learned from the Pandemic and Predictions for the Future | Wendel Rosen LLP

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In a recent webinar, Wendel Rosen LLP partners Daniel Myers, Gregg Ankenman, and Albert Flor, Jr. shared important legal lessons they’ve learned from the COVID-19 pandemic and provided several predictions as to how the pandemic will impact real estate law in the future, with a particular focus on issues facing commercial landlords and tenants.

Lesson One: The language of the lease is key and common law concepts are still important.

During the pandemic, both landlords and tenants pulled out old leases to see how they addressed closures due to the pandemic. In particular, did the force majeure provision in the lease cover the pandemic and excuse the payment of rent? While shutdowns due to the pandemic were covered by most force majeure provisions in leases, they often stated that payment of rent was not excused by force majeure. As a result, many tenants looked to common law concepts, like frustration of purpose, impossibility and…

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