At the beginning of the COVID-19 pandemic, the federal government, along with various states, counties and municipalities, enacted legislation and rules regarding residential evictions. Within the first week of May alone, the laws on eviction moratoriums have been upended in many different directions, and the current status of these laws is unclear at best.
To read the full text of this Duane Morris Alert, please visit the firm website.
On February 8, 2021, the Business Litigation Session of the Massachusetts Superior Court held that the doctrine of frustration of purpose excused a commercial food service tenant from paying rent for a four-month period during which indoor dining was prohibited. The decision comes from an influential court in Massachusetts and therefore could affect the outcome of other cases in which tenants seek concessions related to COVID-19 restrictions. However, some of the facts of the case are unique and the reasoning of the decision will not apply in all circumstances.
To read the full text of this Duane Morris Alert, please visit the firm website.
Governor Tom Wolf signed a new executive order on July 15, 2020, extending the moratorium on residential evictions and foreclosures until August 31, 2020.
To read the full text of this post by Duane Morris partner Brad Molotsky, please visit the Duane Morris Project Development/Infrastructure/P3 Blog.
Landlords are often among the very first to feel the impacts of their tenant’s financial woes. In today’s unpredictable economic environment, many businesses are forced to shut their stores temporarily while the risks of COVID-19 continue to play out. Within the last few days many large and small retailers have unilaterally announced publicly that they would not be paying upcoming rent. In these unprecedented times, landlords must be aware of the risks they face in light of what is certain to be a previously unheard of level of tenant defaults.
To read the full text of this post by Duane Morris partner Rick Hyman, please visit the Duane Morris Business Reorganization and Financial Restructuring Blog.
