News

COMMERCIAL LANDLORDS – COVID-19: Force Majeure Clauses in Contracts – NY Court Decision

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...

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NEW LANDLORD PROTECTIONS – COVID BANKRUPTCY FILINGS BY TENANTS

NEW LANDLORD PROTECTIONS - COVID BANKRUPTCY FILINGS BY TENANTS The newly enacted Consolidated Appropriations Act, 2021 (“CAP”) makes several amendments to the Bankruptcy Code based upon the severe financial hardships suffered by both tenant debtors and landlords as a result of the COVID-19 pandemic.  The amendments relate to the deferral...

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Tenants & Landlords: Temporary Eviction Moratorium & Rent Freeze Have Been Extended to July

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...

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COVID-19: Force Majeure Clauses in Contracts – Court Decision

COVID-19: Force Majeure Clauses in Contracts – Court Decision These are trying times.  Did your business get shuttered by governmental mandated closure orders due to COVID-19?  Are your business vendors and contract parties still looking to your business to timely pay and perform as normal?  Contracts often include a force...

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California Senate Bill No. 939

California Senate Bill No. 939 (“SB-939”) proposes to add Section 1951.9 to the Civil Code (“Section 1951.9”).  If SB-939 is passed as currently proposed, it would become effective immediately and have a HUGE impact on existing leases and the rights of commercial property developers and landlords. SB-939 Would provide two...

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Coronavirus: Landlord and Tenant Matters

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...

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