[RPPTL LandTen] Evictions still being filed?? / Force Majeure

Thu Apr 9 10:05:46 PDT 2020

As a former magistrate I would consider that a pandemic is far greater than an mere (sic) epidemic.

Joseph P. George, Jr., Esq.

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From: landten-bounces at lists.flabarrpptl.org <landten-bounces at lists.flabarrpptl.org> On Behalf Of Harry Heist
Sent: Thursday, April 09, 2020 12:53 PM
To: 'RPPTL Landlord Tenant Committee' <landten at lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] Evictions still being filed?? / Force Majeure

I have been dealing with a load of these.

I am making a recommendation to my clients to let the tenant out and return the money.

As to the law, I have no clue, but, “What would a judge do”?

Harry

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From: landten-bounces at lists.flabarrpptl.org <mailto:landten-bounces at lists.flabarrpptl.org>  [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of jeff at eannarinolaw.com <mailto:jeff at eannarinolaw.com> 
Sent: Thursday, April 09, 2020 12:32 PM
To: 'RPPTL Landlord Tenant Committee'
Subject: Re: [RPPTL LandTen] Evictions still being filed?? / Force Majeure

I’d like to get the group’s thoughts on force majeure.  T & LL sign a lease in early March with move in date of mid-May.  T suffers from an immune deficiency and has been instructed by his doctor to stay put at home.  T sends a notice of cancellation on April 1 only to be told by LL that they are not letting T out of lease without a two month pre-payment penalty or they are willing to defer move in 30 days.  Lease has force majeure provision that provides a party shall be excused from their performance obligations in instances for epidemics.  

Respectfully,

   Jeff

Jeffrey S. Eannarino

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