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Real Estate/Development

Apr. 2, 2020

Can a commercial tenant terminate its lease because it cannot operate due to a stay-at-home order?

Businesses will lose billions of dollars because they cannot operate due to the coronavirus. People either will not enter retail establishments or cannot do so due to stay-at-home orders. Restaurants are existing on takeout orders and those who do not have takeout windows are not operating at all. This will lead to a dispute between commercial tenants who cannot pay rent and their landlords.

Joshua J. Borger

Partner
Berliner Cohen LLP

Email: joshua.borger@berliner.com

Boston College Law School; Newton MA

Josh practices commercial and civil litigation in a variety of areas, including unfair business practices, breach of contract, trademarks, trade secrets, fraud, employment, insurance coverage and litigation, Proposition 65, and general business litigation. In addition to his litigation work, Josh represents companies in nonlitigation matters, including employment matters and licensing agreements.

Businesses will lose billions of dollars because they cannot operate due to the coronavirus. People either will not enter retail establishments or cannot do so due to stay-at-home orders. Restaurants are existing on takeout orders and those who do not have takeout windows are not operating at all. This will lead to a dispute between commercial tenants who cannot pay rent and their landlords.

The dispute will raise a host of issues, ...

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