Force Majeure Covid-19 Lease Agreement
The obligation for the lessor is to provide the rented premises on the agreed date of the takeover in the state of repair that the lessor may require in accordance with the lease agreement.  Unless otherwise agreed, this implies that the premises can be used legally by the tenant for agreed purposes.  In particular, a party`s alleged financial inability to execute a contract rarely excuses non-compliance.  Tenants should therefore be looking for facts and events dictated by COVID-19, making it impossible to execute leases. The Hon`ble Supreme Court in the case entitled “Raja Dhruv Dev Chand vs. Harmohinder Singh – Anr”. In 1968 3 SCR 339, noted that “according to a legal lease, there is a transfer of the right to enjoy this country. If a material part of the property is completely destroyed or rendered totally unsuitable for the purpose for which it was rented due to fire, storm, flood, violence of an army or a mob or other irresistible force, the lease can be avoided at the tenant`s choice. This rule applies to transfers of land subject to the Transfer of Ownership Act and their principle for agricultural leases and leases in areas where the law on the transfer of ownership is not renewed.
If the leased land is not destroyed or unsuitable for the most part and permanently, the tenant cannot bypass the lease because he cannot or cannot use the land for purposes for which it is leased. The complaint fails and is dismissed with a fee. Iluka Resources Limited v. Chemours International Operations Sarl, et al., No. 653398/2020 (N.Y. Sup. Ct. N.Y. Cty. 2020) (the supplier seeks, among other things, the breach of contractual damages and the declaration, on the grounds that the COVID 19 pandemic is not part of the reported “force majeure events” and does not prevent the purchaser from accepting and paying for material supplies.) (06.08.2020 Complaint) (10/05/2020 Request for dismissal and Memorandum of Understanding in support of the dismissal application) Alternatively, the following non-monetary lease bonds may be excused by force majeure events: rental clauses (which allow you to reduce your rent when large tenants or a number of tenants leave a retail area), “go-dark” clauses (which allow you to stop operations in your premises while continuing to pay rent) and requirements in operating hours. In cases where there is an adjustment clause of the agreement in the lease agreement between the parties, these clauses are first applied in the context of the specific case. However, where an adjustment cannot be made in accordance with the courts under the relevant clauses, the parties may refer the matter to the Tribunal, pursuant to section 138 of the OCT.
With respect to the first issue, if there is a specific clause in the tenancy file stating that the rights and obligations of the parties as well as the terms of the agreement/Facts remain suspended in the event of a “force majeure” including epidemics, pandemics or diseases, the tenant may invoke this clause to obtain a reduction in rent. Banco Santander (Brasil), S.A. v. American Airlines, Inc., No. 20-cv-3098 (E.D.N.Y. 2020) (requests the declaration that it may be terminated in accordance with the force majeure clause including “the act of God” and “government act”; The defendant argues that the applicant did not assert a right because the agreement took into account the force majeure event and these provisions provide for it; The applicant argues that it sufficiently maintains that the agreement does not take into account the force majeure event and claims such a statement.) (07/10/2020 Complaint); 24.08.2020 Additional recourse; 09/04/2020 Request for release for non-request from the defendant; 25.09.2020 Request to quash the complaint for non-compliance with a claim, refiled under seal 10/07/2020; 10/09/2020 Defendant`s Response in support of the dismissal application) As the current law on certain laws6 (“Omnibus-Gesetz”) also contains provisions on the current status of leases.