BANKRUPTCY COURT REQUIRES TENANT TO CURE LEASE AND GIVE ADEQUATE ASSURANCES OF FUTURE PERFORMANCE When a tenant files bankruptcy, the tenant has a short period of time to assume the lease but must cure any defaults in payment and offer to the landlord adequate assurances of future good performance. In...
COMMERCIAL LANDLORDS COVID-19: Force Majeure Clauses in Contracts – NY Court Decision We previously noted that most commercial leases contain Force Majeure clauses, that is, a provision in the lease that allows the tenant or landlord to be released from performance if there is an act of god or some...
Tenants & Landlords: Temporary Eviction Moratorium & Rent Freeze Have Been Extended to July Earlier this week, LA County issued an executive order which extends an existing temporary moratorium on evictions in parts of LA County, in response to the COVID-19 health emergency. The eviction moratorium will remain in place until July 31, 2020. The...
KEY PROVISIONS OF ASSEMBLY BILL 828 (AB 828): On April 14, 2020, Assemblyman Phil Ting (San Francisco) introduced legislation for a temporary moratorium on foreclosures and evictions due to the economic impact of COVID-19. In an unlawful detainer action, if the tenant’s inability to pay rent is due to increased...
As of Monday, April 6, 2020, all California courts are prevented from processing evictions and judicial foreclosure actions (with some limited exceptions). The emergency rules are designed to protect tenants and borrowers, govern all California State Courts and apply to both residential and commercial tenants and borrowers. Below are synopsis...