Entries by John W. Waldeck Jr.

Trending Commercial Real Estate Legal Issues

Considering Landlord Rights in Commercial Tenant Bankruptcies Commercial landlords have become familiar with the phrase “retail apocalypse,” a sobering term that refers to the recent epidemic of retail store closings. It is a trend that has resulted from companies filing for bankruptcy, and one that does not appear to be slowing. The Bankruptcy Code contains […]

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Force Majeure: Can COVID-19 Excuse Performance of Lease Obligations?

March 23, 2020 COVID-19 (coronavirus) has brought with it a virtual tidal wave of legal questions. An important one: may a tenant invoke a force majeure (French for “superior force”) clause to avoid paying rent to a landlord in the event of a government lockdown or quarantine? Unfortunately, the answer is, “it depends.” Interpretation and […]